Returning to U.S.A. after H1 expired; but, I-140 approved

[VinKat]

Hello,

I was in U.S.A. for 10 years and returned to India last year April. My H1-B expired this year in September. However, my I-140 is approved.

I am not working for the same employer who had filed my H1-B or I-140.

So if I have to come back to U.S.A.,

1. Can a new employer apply for my H1-B anytime of the year if I-140 is approved or does it need to get applied only in April when the particular year's Cap get opened?

2. I do I have a Master's degree from U.S.A. So if I have to apply for a new VISA in April; can the employer still apply it in the 20,000 quota reserved for those who have finished Master's or above from U.S.A. or is that 20,000 quota only for fresh graduates?

3. I had already finished the first 6 years of H1-B and H1-B was extended beyond 6 years because I-140 was approved. But, I did not use the full term of my approved VISA last time it was extended? Does that help in filing VISA anytime of the year?

 

Would really appreciate answers to above questions.

Thank you in advance

[pontevecchio]

As the rules stand now,

1. Any time assuming the I-140 is not revoked.

2. IDK

3. Pending I-140 more than 6 months lets you get H1 extensions till that PD is current and no question of cap.

[Centepede]

You can't return just on I-140 approval , I am sure you are aware of this.

2. You will be eligible in 20,000 quota.