i-140 outside of US with capexempt expiring


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Hi Team,

I am eligible for H1b Cap exempt - with  current situation due to pandemic my employer isn't filing a cap-exempt petition. My first petition was approved in Oct 2016 and I travelled to US in Nov 2016 and returned to India back in April 2018. I am cap-exempt till Oct 2022 I believe and I have at least 4+ years not used.

Can I file a PERM and file i-140 with other employer before my cap expires and when it is approved use i-140 to file cap-exempt petition later like may be when my cap expires and file one using i-140 approval in 2023? Can someone answer/advice?

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