Will my future H1B petition be cap exempt given I have I140?


amit_123

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Posted

I got EB2 I140 from employer A with priority date of 2014. I am an Indian citizen so looking for a long GC wait time. I got first 3 year H1B extension in 2015 which was valid until 2018. And then moved to employer B in 2017 and H1B was ported and extended for another 3 years until 2020.

1) If I quit employer B and go back to India on a break for few years, will I be subjected to H1B cap for a future H1B petition filed by a new employer C.

2) Does it matter at all when the future H1B petition is filed? For eg, will the answer to 1 change if the new H1B petition is filed before or after current petition expires (2020)

Posted

Hello,

I also have similar questions. My non- exempt H1-B kicked in on Oct 01, 2010 and still on H1-B. Changed my jobs 3 times and have un-revoked I-140 from all 3 previous employers with EB-2 priority date retention- Nov 2012. The present H1-B is valid till Sept 2020. Green Card wait is too long for Indians and I am not even thinking about it now. 

If I quit present employer and go back to India on a break for few years, will I be subjected to H1B cap for a future H1B petition filed by a new employer?

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