H1B Cap Exempt outside US with I-140

[aseemrulz]

Hi,

I hold approved I-140, and have used it to get H1B extensions in the past.

I had been in US from 2009 to 2018 on H1B.

I moved out of US in March 2018 and my last H1B petition expired in June 2018.

My question is, 

If I have an employer willing to file my H1B, am I eligible for Cap exemption considering I have been out if US for over 2 years now and have a approved I140?

Thanks in adavance!

.

 

[Zodiac System]

If an employer is willing to file your H1B, please let him go ahead and do it.  Employers always consult an attorney before offering to file, as they will be spending thousands of dollars on your H1b filing.

[gopalakrishnach]

Yes...