NEW cap exempt H1B via earlier approved I-140 with a current priority date?

[Manoj762]

I am currently on H4 and my priority date is Jan -2012 under EB2 visa category. I was on H1b before and at that time my employer filed for my PERM and got I-140 approved. I am no longer with the same firm and currently on dependent visa (H4) based off my spouse
Lets say I find a new employer in March-2022 who applies for my H1B. Its quiet likely that my PD will become current at that point in time.
Under this scenario:
1) Can the new employer file for a new cap exempt H1B given that the PD has already became current ?
2) Can the new employer start my GC process and still retain my old PD ?

Thanks for taking time and answering the questions

[rkk09]

Hi,
Here is my response.
1) Can the new employer file for a new cap exempt H1B given that the PD has already became current ?
Answer: CAP exempt will be considered as per your last H1B date and utilization. Priority date will not act here for benefit of CAP exempt.
2) Can the new employer start my GC process and still retain my old PD ?
Answer: Certainly Yes.
Thanks