I-140 approved, Outside USA - H1B Cap exempt? Options help

[rkniu123]

Hello all
I would appreciate if somebody could answer few queries I have below please. I just posted this in H1B section as well, thought I would post here as well.

Background:
On H1B: Oct 1, 2006 through Sep 30, 2009
Woking in States on OPT till Oct 1, 2006 and on H1B until Jan 2009.
Laid off in Jan 2009, returned to India in May 2009 (COS to F1 denied).
I-140 Approved: March 2009

* H1 Cap exemption: I have recently came to know that we dont fall under cap if we have H1 in last 6 years. I have already past 6 years if I consider the time from I lost the job in Jan 2009. However if I take H1B petition expiry date, which is Sep 30, 2009, I may have few months left to consider under H1B Cap exempt rules. Can anyone tell how do we count 6 year period from, is that the date when we lost the job or when the H1B petition is valid?

* I have I-140 approved in March 2009. The status still shows the same on USCIS website. What options do I have with this? I hav read that I can file for I-485 (or something) based on I-140 approval and if a valid job offer letter (for future) is available. Is this right? Can I apply from Outside US for this? And does the job offer need to be from the same employer who sponsored my Labour & I-140 or can it be from anyone?

I am just looking at options I have so I can move back to States.

Any help would be greatly appreciated.

Thanks a lot.

[jairichi]

You are eligible for a cap exempt H1B petition and are eligible for 6 years - time spent in US on H1B. Also, since your I-140 is approved (as longer it is not revoked by employer) you are eligible for 3 years extensions beyond those 6 years. 

[rkniu123]

Hi Jairichi

Thanks for the prompt response, appreciate it.

For cap exempt, I have seen everywhere saying about having H1B within last 6 years. Based on your comment, shall i assume the 6 years period start from H1B petition expiry date and not the date when I lost my job?

 

Please could you clarify?

 

Thanks again.

[jairichi]

Hi Jairichi

Thanks for the prompt response, appreciate it.

For cap exempt, I have seen everywhere saying about having H1B within last 6 years. Based on your comment, shall i assume the 6 years period start from H1B petition expiry date and not the date when I lost my job?

 

Please could you clarify?

 

Thanks again.

Both dates does not matter as with a current valid, approved I-140 you are cap exempt.

[rkniu123]

Hi Jairichi

Sorry, one last question please. You mentioned I am cap exempt based on approved I140, does it mean that I need to get a job from only this employer and get my H1 B filed under cap exempt (or) is it ok if I find a job with any other employer and they can file H1B under Cap exempt rules?

 

FYI please...MY 1-140 is still shows approved, but am no longer work for that employer and am outside US

 

Please could you clarify this last piece.

 

Thanks again for the help.

[rkniu123]

Hello

Please could anyone reply to my last query?

 

Thanks for the help.

[jairichi]

Hi Jairichi

Sorry, one last question please. You mentioned I am cap exempt based on approved I140, does it mean that I need to get a job from only this employer and get my H1 B filed under cap exempt (or) is it ok if I find a job with any other employer and they can file H1B under Cap exempt rules?

 

FYI please...MY 1-140 is still shows approved, but am no longer work for that employer and am outside US

 

Please could you clarify this last piece.

 

Thanks again for the help.

Any employer can file a cap exempt H1B petition. Just make sure that your I-140 is not revoked by that employer. To know about your I-140 status you can contact employer or file a FOIA with USCIS.

[sanssiva]

Can't he check the status of his I-140 on the USCIS website?

[sanssiva]

In this case, the last H-1B status was held more than 6 years ago. Is the case still eligible for a cap exempt H-1B supported by I-140 (with dates retrogressed)?  I have read that the cap exempt H-1B can be granted only when the candidate was in the H-1B status within last six years.