Eligible for H1B Cap exempt?

[BalaChennai]

Hello,

My scenarios is as follows:

- Worked in the US on H1B visa from 1996 to 2000, Returned to home Country in 2000.

- Visa expired in 2002. Unutilized quota of H1B for more than 2 years

- While working for this employer, applied for GC under EB3/ RIR category & got my labor and I-140 cleared in 1999. Not applied for I-485. Do NOT have any documents pertaining to this.

Now I would like to return to US. Am I eligible to apply under H1B Cap exempt category?

Appreciate your help in this regard.

With Warm Regards

[0407]

If you have H1b approval copy you should be able to get remaining 2 years on H1B.

If in these 2 years your new employer is able to get an I 140 for you then you are

eligible for 3 year extensions till I-140 PD becomes current.

If you have at least I-140 peition receipt number from your previous employer

you can retain the old PD, which I think is now current and can get GC via new

employer