new H1B from India based on I140 approval

[asiflucky]

Hi,

 

Currently I am in US and extending my H1B visa beyond 6 years based on my I140 approval. so I am getting 3 years extension each time. Now,if I go to India in the middle of my current 3 year term(say after 1.5 years) and stay in India for few years my current H1B visa will have expired. Then suppose I want to come back to US , can I apply for H1B based on my old approved I140 (assuming its still active and not revoked)? Will the H1B need to go through cap?

 

Thanks

[adshah84]

Yes your employer can file your H1b on basis of I-140 approval and you will be CAP exempt.