Expired H1B and CAP exempt


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Hello, want to know if I am exempted from CAP or not. Here are the datails
Was in USA from 2002 Labor filed in 2007 140 approved in 2008
Came to India in Feb, 2011 and H1B expired in Jul, 2011.
If I have to file H1B again, then will I be exempted from 2014 CAP or not. 
Thank you


If your I-140 is not revoked then based on that employer can file for 3 year extensions. Otherwise an employer has to file a cap subject H1B petition.

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The current status is as follows Post Decision Activity

we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER.


The status update you received in 2008 does not matter now. The current status of your approved I-140 is needed. Find the status from your employer who got your I-140 approved.

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