comeback Posted September 18, 2019 Report Share Posted September 18, 2019 I am currently on an H1b visa and my i140 was approved a year ago. I have used H1b for only 3 years and intend to move back to my home country for a couple years. If the same or a different employer later files for my H1B, will the application be subject to cap, or will it be cap-exempt? Quote Link to comment
NotAnAttorney Posted September 18, 2019 Report Share Posted September 18, 2019 As you have used only 3 of 6 years quota, even without a 140, the employer could file for cap-exempt petition. Quote Link to comment
pontevecchio Posted September 18, 2019 Report Share Posted September 18, 2019 You will in any case have 3 years left non cap and in view of the approved I-140, further non cap extensions after that. Quote Link to comment
gopalakrishnach Posted September 18, 2019 Report Share Posted September 18, 2019 Since your I140 is already approved you would be not under cap. I maybe wrong. Please find out from experts. Quote Link to comment
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