H-1B expired, with approved I-140 - outside US for 3 yrs

[ponduru]

Hi

I first got my H-1B visa from 2005 which expired in 2008 which i got renewed with an expiry date of 2011.

In the meantime, my I-140 also got approved with a Priority Date of June 2007.

In 2009 I got laid off and I'd got my visa transferred to another company.

Due to the recession, my employer could not find a client, and I returned back to India in September 2009.

Now (2012 October), I am planning to return to the US again.

But I have a few questions regarding my status. Could you help me with the below queries?

- Firstly, If I apply for a H-1B, will I get cap exemption?

- If I am eligible for exemption - Since I have an approved I-140, will I get 3 yrs extension or will I only get the 2 yrs remaining on my older visa?

- If my current employer applies for GC, will I be able to use my older I-140 if it has not been withdrawn?

Thanks

Vijay

[pontevecchio]

1. Possible.2. Fact based. 3. Usually, Yes. As you may notice, the answers are very ambiguous. You have to discuss your situation with a Lawyer based on your facts.

[ponduru]

For 2.

Could you let me know how my facts could affect the kind of exemption I might get.

I'm getting contradicting views on this. Thats why I decided to get another opinion.

I was initially told that if I have an approved I-140, I could get an extension of 3 yrs with cap-exemption. But, I am a little confused now.

[pontevecchio]

Do not get a second opinion from a forum. Talk to a Good Lawyer. In theory you are fine.

[ponduru]

Thanks,

pontevecchio. Checked with a lawyer and he said that we can go ahead and apply for a visa. Will update forum on how that goes.