H1B Cap (140 approved 10 years back, out of country)

[jedi80]

Hello,

I moved out of the US 9 years back and had an approved 140 at that time. Should I explore opportunities in the US again, I am keen to understand a couple of things:

• Will I fall under the cap for H1B? Based on what I am reading online, I am of the belief that I would not
• Should I apply for green card sometime in the future, and say the priority date has passed, will I still be able to use the date (and not wait) or is the expectation that the filing has to be done as and when it is current? I am aware that I will have to go through the process starting from labor again

I would really appreciate your inputs on the above.

Thanks!

[pontevecchio]

1. Most Likely. 

2. Based on an approved I-140, you can retain this PD at any time down the line .

You need to write down your questions and consult with the firm of Murthy or any of your choice as the first step before trying to find a H1 sponsor initially and then a GC sponsor.

[pontevecchio]

1. Your question is vaguely worded. Most likely you will not need to apply via the H1 lottery.

[jedi80]

Thanks, Pontevecchio, much appreciated. As you suggest, will consult with a legal firm to understand the situation better.