New H1B with approved I-140

[K.Singh880]

Hello,

 

I have previously worked in US and have an approved I-140 from my previous employer. Now, I am back in India and would like to file a new H1B with a new employer.

Can someone please help me understand the following

1. If it is possible to file a new H1B as CAP exempt or do I need to wait for the next FY.

2. If a new H1B can be filed as CAP exempt, will it authorize me to work immediately once its approved or I need to wait until October of this year.

Thanks,

K

[gopalakrishnach]

If your I140 is approved and active and not revoked you can apply new H1B petition outside lottery anytime of year.

If I140 is not active and revoked then any employer can apply for H1B anytime of the year to reclaim remaining time out of 6 years.

If I140 is not active and revoked and you completed 6 years then wait for 1 year and apply in lottery.

[User099]

How long and when was your I140 approved? When did you leave your US employer who filed I140?