Approved i140 , now in India. visa expired , cap exempt ?

[bhairavi]

Hi ,I have approved i140 with my old employer , priority data June 2012. I moved to India for personal reasons in April 2022 and also I moved to the new employer. If my new employer applies for H1b, will I come under cap exempt ? If I come under cap exempt is it related to priority date, that is I can be cap except only until the priority date becomes current ? Please help me . Thank you.

 

[tn43]

Hi ,I have approved i140 with my old employer , priority data June 2012. I moved to India for personal reasons in April 2022 and also I moved to the new employer. If my new employer applies for H1b, will I come under cap exempt ? If I come under cap exempt is it related to priority date, that is I can be cap except only until the priority date becomes current ? Please help me . Thank you.

I believe there is a rule that if you don't use your H1-B within the 6 years of the your last I94 validitiy you lose the cap exempt and have to apply again for H1 in lottery.