Approved I140. Going back to India. Can i file cap exempt h1b

I was working for employer A who filed my GC and I140 approved almost 4 yrs back.

Then i got laid off and got job in Employer B who filed my #h1b-extension beyond 6 yrs (Completed all my 6 yrs on May 29 2018).

Employer B attorney is not very efficient in RFE response (already few cases in Employer B has been denied), I am not hopeful about my case to be approved.

Employer A will withdraw I140.

Here are my questions:

Can i use employer A i 140 copy to file new H1B cap exempt from India?

Is their any period with which i should enter back to US?

Can i use same employer I140 if i decide to come back to USA after 4 yrs?


Hi @Karthik_Devaraja

Yes, you can file #usa:h1b cap exempt extension using your Employer A’s approved I-140, including any other employer too.
Remember that your #usa:green-card priority date should NOT have arrived when you file for this extension.
If the priority date becomes current, you should ideally file I-485.

Some references that you can read too:

  1. If someone uses all 6 years of H1B time, would they be able to file for a new cap-exempt H1B after getting an I-140 approved? - Murthy Law Firm | U.S Immigration Law

  2. I was in the U.S. for 5 yrs 8 mos and went to India in Feb 2012 with approved I-140. Am i still cap exempted? - Murthy Law Firm | U.S Immigration Law