Originally posted by CreativeonH1B
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1. Whether you are cap exempt or not depends on if you had any H1b time left on your previous petition, and if you have held H1 status in the past 6 yrs. It does not matter if you have an approved I140 or not.
2. Does not matter. Time taken is independent of your current status. It is purely a matter of your PD and the time it takes to file a fresh GC petition (assuming you are able to port your previous PD).
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