Just extending my question to an unrelated territory.
If someone who is based in India and has an i140 approved (via some US employer) without ever applying or receiving any H1B ever. Is he eligible for a new Cap exempt H1B based on the approved i140.
I have already maxed out 6 years on H1B in 2015 (including recapturing).
I had I140 which I used to get extension from 2015 to 2018.
I moved to Canada on PR in Feb 2018. I have not extended my H1B since it expired in 2018.
Now I am at a stage where I am thinking to move back to US. I have an offer and employer can file H1B.
But the question is, can I use my I140 to file cap exempt H1B?
Considering I had a gap of 2 yrs+ between my last H1B expiry date and now.
Appreciate if you can shed some light on my options in this case.