I have worked in US for more than 6 years with approved H1B and I-140. Cap exempt?

[sangskn]

Hi,

 

I have worked in US from Aug 2007 to Jan 2014 (more than 6 years).

I have an approved I-140. My last H1B was approved on Dec 2013 and was valid till Dec 4 2014

 

Due to family needs I resigned my job in US in Jan 2014 and returned back to India. I am now working in India for a different employer and they want to process my H1B.

 

Am I qualified for cap exemption? Or do we have to apply in the regular quota? 

[jairichi]

As long as your I-140 is not revoked by employer you are cap exempt. Otherwise you have to go under quota.