Do i qualify for H1b yearly cap exemption

[aj_murthy]

I have been on H1b with employer A from 2005. My GC processing was started by employer A and priority date is Nov 2008. Got 140 approved in May 2009. In June 2016 i moved to employer B and got H1 transferred and valid till June 2019. In Dec 2016 i had to move back to India. I never got the visa stamping done on the latest H1. 

Now if I apply for a new visa from India do i fall under the yearly H1b cap? 
Also for my current employer to file for an extension do I have to be physically present in the US?

[gopalakrishnach]

I have been on H1b with employer A from 2005. My GC processing was started by employer A and priority date is Nov 2008 .. Got I140 approved in May 2009... this confuses me. I thought once I140 approved it will have priority date...

[aj_murthy]

On 5/2/2019 at 10:56 AM, gopalakrishnach said:

I have been on H1b with employer A from 2005. My GC processing was started by employer A and priority date is Nov 2008 .. Got I140 approved in May 2009... this confuses me. I thought once I140 approved it will have priority date..

The priority date on I140 says nov 2008

[JoeF]

On 5/1/2019 at 7:09 PM, aj_murthy said:

I have been on H1b with employer A from 2005. My GC processing was started by employer A and priority date is Nov 2008. Got 140 approved in May 2009. In June 2016 i moved to employer B and got H1 transferred and valid till June 2019. In Dec 2016 i had to move back to India. I never got the visa stamping done on the latest H1. 

Now if I apply for a new visa from India do i fall under the yearly H1b cap? 
Also for my current employer to file for an extension do I have to be physically present in the US?

If employer A didn't revoke the I-140 you can get an H1 without going through the quota.

 

[aj_murthy]

On 5/6/2019 at 11:43 AM, JoeF said:

If employer A didn't revoke the I-140 you can get an H1 without going through the quota.

 

Checked with employer A and came to know that employer A withdrew the I140. Does that mean i wont be able to apply for extension as cap exempt now? Also if i transfer to a new employer will i come under the yearly quota.