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Am I H1B cap-exempt?

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  • Am I H1B cap-exempt?

    Here is my situation: 

    1) Worked for Company A from Oct, 2007 to Feb, 2016 (Approx. 8 years on H1B with I-140 approved in Feb, 2013) 

    2) My last H1B was valid till May, 2016.

    3) I went to India in Oct, 2015 on account of pregnancy and worked from there on H1B for 4months till Jan, 2016. My last pay stub is of Jan, 2016.
    4) After that, I left job and lived in India for a year more. I did not file for H1-B extension since I did not intend to work till my kid is atleast 2yrs old.
    5) I filed for H4 visa in Nov, 2016 and came back to US on H4 visa in Feb, 2017. (After staying in India for approx. 1.5yrs in total)
    6) I have been in US since last 1yr on H4 visa. Now that my baby is 2yrs old, I feel I am ready to start work again. As of now I can work on H4-EAD.

    But, main questions are -
    1. Can I reapply H1B without going through lottery since I have an approved I-140? (My employer hasn`t withdrawn my I-140)
    2. If Yes, Do i have to get H1 extension process done through same employer or can I find job with another employer who is willing to file my H1 extension?
    3. If No, what are my options if I want to get back on H1?
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