H1 to H4 and then H1 will it be a H1 Cap Exempt?

[Rakee]

I have I-140 approved. My recent H1 approval was from Sept 2017 to Sept 2020. But unfortunately there was an RFE again and after answering it few weeks later my H1 was denied and I got USCIS H1 denial letter on Nov 2018. So I went to India next day after denial and came back to US on H4 Stamping. Since then I am on H4. (Yes, it was approved first and Case was re-opened again leading to denial).

My 2 questions here are, #1 Is there any specific time/years from my earlier H1 before which I need to apply for H1 to qualify for cap exempt since I have I-140?

#2 Can I get back to H1 as Cap exempt at any point of time in future?

Example: Is it like 6 years from 2017 is 2023 before which only I am considered cap exempt and after 2023 I will be going through lottery process. I want to make use of H4EAD as much as I can that is the reason I am asking this question.

Please respond. Thank you so much for your response in advance.

Edited June 22, 2021 by Rakee

[JoeF]

You are cap-exempt, based on the I-140, no time limit. However, once the PD is current there is a time limit, as far as I remember.

[Rakee]

JoeF, Thanks for the response.

On 6/23/2021 at 3:15 PM, JoeF said:

You are cap-exempt, based on the I-140, no time limit. However, once the PD is current there is a time limit, as far as I remember.