I-140 Approved. Can i move back to USA?

[Tester2014]

hi all

 

am currently employed with Employer A for the last 2 years. my 6 years of H1b got expired last year and i moved out of USA in August 2013. i have been working outside (same employer though) USA for the last 1 year ( 6 months in India and currently in Canada for the last 6 months). my Perm and 140 is approved.

 

Can i go back to USA if Employer A files H1B and if it gets approved? will this  H1b be subject to lottery?

 

thanks

 

[rahul412]

Yes, you can.Your H1 will be cap exempt.

[Tester2014]

thanks for the reply Rahul412.