Is new H1B application cap-exempt after approved I-140?

[nanunem]

My situation is as below:

1. I have 1-140 approved from 2016.
2. However, I moved to India 4 years back.
3. My last H1B petition is expired for more than a year now.
4. I have also changed employer 4 months ago.

I want to file H1B from India through a new employer. My question is:

1. Will I have to go through H1B lottery or
2. Will it fall under H1B cap-exempt scenario because of past approved I-140?

Thanks for your inputs!

[Libra_14]

Yes, file for cap-exempt H1B with your new employer. But for GC your new employer has to file a new PERM & I140.

[bkkg]

Thanks for sharing your feedback Libra.

Hi Nanunem,

I'm in the same situation as well. Did you get any further information on this? Please share if you got any.

Thanks much!!