H1b recapture after approved I-140, subsequent H1b transfers and being out of US for 13 months - Am I cap-exempt?

[chassmebu]

Here is my case:

I was on initial H1b from 2004 to 2010 on an Eb2 visa. There might be some time still available to recapture in this initial period.

I had an I-140 approved in December 2010 with March 2010 priority date. Subsequently, I was on 3 year H1b extensions from 2010 onwards till the start of 2020, at which point I had to leave as I lost my job and didn't find an employer in time to transfer my visa. I came back to the US in March 2021 on H4 visa (my wife's H1b) after spending 13 months (stuck due to COVID in India) outside the US.

Now I am looking for employment but would like to know if I am subject to cap again and have to go through the lottery? or can I recapture a year's worth of time remaining in my initial 6 year period even after spending many subsequent years from 2010 onwards on H1b extensions. Anyone has any feedback and go through the same situation? If I have stopped becoming Cap-exempt, I cant start work till Oct 2022 as this year's lottery is already announced. My wife doesn't have an approved I-140 so I can't apply for H4 EAD.

Any feedback, insight will be useful. 

 

[rdhillon]

I don't think you can capture the year on your H1B. That only happens for first 6 years of H1B. But if your I140 is approved, you are cap exempt, you will not be going through the lottery again.