Rodeo253 Posted February 15, 2018 Report Share Posted February 15, 2018 Hello, I was in the US on H1b from Oct 2009 to June 2017 with an approved I140 petition and 2nd 3 yr H1b extn approved petition (valid till 2019). I was laid off in Apr 2017 and had to return to India in June 2017 ( within the 60 day grace period). An employer is willing to apply for H1b now. I wanted to know if I would be eligible for a cap exempt H1b visa or would I need to through the lottery.Appreciate the help! Quote Link to comment
pontevecchio Posted February 15, 2018 Report Share Posted February 15, 2018 Based on your approved I-140, you are eligible for H1 extensions. Quote Link to comment
NotAnAttorney Posted February 15, 2018 Report Share Posted February 15, 2018 Assuming your 140 was active at least for 180 days after approval, yes a new employer could file a cap-exempt petition for you. Quote Link to comment
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