Approved I-140 But Left US: Options Please (JoeF/Attorneys)?


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Hello respected lawyers,


I have an approved I-140 from Jan 2011 and left my job with "ABC" in Aug-2013 and H1B was expiring Nov-2014. So I-140 passes 180 day test (if applicable) and with vacations I may have close to 1.5 years of H1B time to recapture. It was 6th year and I was on STEM quota originally.



1. If XYZ hires me, do I need to apply in STEM next year or would mine be considered a cap exempt case and can be applied anytime?


2. What if I go back to ABC - still apply next year or cap exempt?


3. If XYZ files for H1B, would I be able to port I-140 or will there be any concerns later on for green card processing?


4. In meantime, I got a visitor visa and visited US. Does that matter if I apply for H1B again to recapture previous H1B time?






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Thanks!  One more minute of your time please:


I did forget to mention I have an MS in CS (from 2005) and an MBA both form US as well in 2013. So,


A. If I apply next year, would that be in Higher Education quota of 20,000 or apply in regular (because of time lapse since 2013)?


B. To reclaim H1 B left over from ABC from my above post, can I reclaim that at XYZ? And can I apply for that even now or do I wait until Apr (to start employment in Oct'17)?


Thanks again for your valuable feedback!


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