Situation of a good friend -

[Sam Sharma]

My good   has a current situation 

 

My H1B extension was denied beyond 6 years and I had to be back to base location. So in India currently from July 2019.

Here are few more details on the GC:

GC Category - EB3
Priority Date - Jun 2014
I 140 - Approved in 2016 (For more than 180 days now)
Current Company - Cognizant 
Current Designation - Manager Delivery 

Cognizant is reluctant to file in EB1 even if I go back to US through H1 B (cap exempt).

Would moving out of Cognizant advisable? And if I change employer, would I be still eligible for H1 B (Cap-exempt) as I 140 is approved beyond 180 days considering am out of US?

Kindly advise.

[Zodiac System]

You  can find a new employer and will be eligible for H1b cap-exempt.

[adshah84]

You are eligible for Cap-exempt H1b

[gopalakrishnach]

Would moving out of Cognizant advisable? --- your personal choice

I be still eligible for H1 B (Cap-exempt) as I 140 is approved beyond 180 days considering am out of US? -- Yes