H1B Cap exempt? help needed

[rkniu123]

Hello all
I would appreciate if somebody could answer few queries I have below please.

Background:
On H1B: Oct 1, 2006 through Sep 30, 2009
Woking in States on OPT till Oct 1, 2006 and on H1B until Jan 2009.
Laid off in Jan 2009, returned to India in May 2009 (COS to F1 denied).
I-140 Approved: March 2009

* H1 Cap exemption: I have recently came to know that we dont fall under cap if we have H1 in last 6 years. I have already past 6 years if I consider the time from I lost the job in Jan 2009. However if I take H1B petition expiry date, which is Sep 30, 2009, I may have few months left to consider under H1B Cap exempt rules. Can anyone tell how do we count 6 year period from, is that the date when we lost the job or when the H1B petition is valid?

* I have I-140 approved in March 2009. The status still shows the same on USCIS website. What options do I have with this? I hav read that I can file for I-485 (or something) based on I-140 approval and if a valid job offer letter (for future) is available. Is this right? Can I apply from Outside US for this? And does the job offer need to be from the same employer who sponsored my Labour & I-140 or can it be from anyone?

I am just looking at options I have so I can move back to States.

Any help would be greatly appreciated.

Thanks a lot.

[biodallas]

The Employer who has your valid I-140 should file a 485 and subsequent Greeencard. Once Your Greencard is approved you have to come and work to this employer for a period of 3-6 months for your GreenCard to be valid.