I140 H1B extension after gap

Wanted to check that I am on H1B & have i140 approved (also worked with the petitioning employer ‘A’ for 180+ days).

I have already completed 6 years and now have my H1B transferred to Employer B till 2021 using employer A i140.

If I relocate to India and join employer C there.

So am I eligible for H1B cap exempt application with any Employer like C or D from India, may be like after 2 or 3 years of India employment.

Or I need to restart fresh from H1B cap subject lottery

You can use your approved i140 to file H1B transfer or extension without going through lottery again anytime.

You can file H1B from India from anywhere at anytime.

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.


For first H1B, one has to go through cap-subject H1B filing.

Great!!! Thanks Anil for the prompt replies

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@Anil_Gupta - Hi Anil, I am in similar situation

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.

As long as i140 is valid, you should be able to use it.