Re-applying for H1-B: inside or outside Cap, I-140 query

[rk1980]

Hello,

Can anyone please answer couple of questions below?

1. I was in US before on H1-B and and my previous H1 was from Oct 2006 thorugh Oct 2009. I was in US till June 2009 and went back to india due to recession. Now I am planning to look for opportunities to come back via H1 and just heard that the 65K cap and 20K cap both have been filled recently. Can anyone tell me if I have to wait for another year to apply for H1 (or) am I cap exempt based on my previous H1 application? If I am cap exempt can you tell me bit detail on this? And will i get the H1 for another 6 years?

2. Also, when I was on H1-B previously, I had my I-140 approved (in Feb 2009), and my former employer told me that they have not revoked my I-140. If I come back to US on H1-B again, would I be able to use my old priority date for GC application? I mean the priority date that was with my labor & I-140 approved originally.

Thanks for your help.

[pontevecchio]

You are entitled to claim the remainder of your 6 years and also extensions in future based on the approved I-140. In the absence of fraud you can retain that PD for a future immigration filing starting from scratch.

[chtummala]

1 you are cap exempt ..

2 yes you can re use PD