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Cap Exemption - Approved I-140

Discussion in 'AC 21 I-140 Portability' started by another_legal_immigrant, Jul 29, 2016.

  1. another_legal_immigrant

    another_legal_immigrant Guru

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    I have an approved i-140 with a priority date of Dec 2011. I have been on the H1-B for past 10 years.
    If I go to India for a few years, let my H1-B lapse and reapply for an H1-B with a different employer, will it be cap exempt?
    This is assuming that the previous employer will not withdraw the i-140.

    Ron, could you please suggest?

    Thanks!
     
  2. another_legal_immigrant

    another_legal_immigrant Guru

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    Any pointers on this folks?
    Thanks!
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You will be exempt from the six year limit, but you will be cap subject.
     
  4. another_legal_immigrant

    another_legal_immigrant Guru

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  5. rahulguru

    rahulguru New Member

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    This will probably fall under recapturing H1B visa time on the last H1B that he let lapse.
    If the original H1b petition was subject to cap, I believe the new petition will not be subject to cap, so can be applied anytime. Is that not true?
    And can I-140 portable under this case?

    Rahul
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you remain outside the US for longer than one year, and your last H petition has expired, you are definitely subject to the cap.
     

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