Am I cap Exempt? URGENT


New Member

My first entry in to US was in 1999 Jul with the company A. As the company couldn't find me a job I had moved to B in 1999 Sep. Within the same month I got placed at C. I worked as a consultant for them till 2001. After that they hired me as a full time employee, after that they applied for my GC. My GC priority date is Jun'2003 under EB3, which is "current" now.

In 2007 I have changed the employer and started working for D. They applied for my extension and I got 3 yrs extension which was valid up to 2010 may. But to family emergency I came to India in 2008 May, But did not leave the company, I went back to US in 2008 Dec for couple of weeks and came back later. Ever since I've been living in India. I’m still not sure whether my H1b was revoked by my former employer before 2010 or not.

My I-140 with company C has not been revoked.

So now it's been almost 6 yrs that I have been out of US.

Now as the dates are current I'm planning to come back to US, Here I would like to know a couple of things.

1) I'm not sure whether if I fall under cap for 2014 fiscal year? or not? What would be the best way to go ahead and apply as New or Extension?

2) If I apply as new for 2014 fiscal year and couldn't get it, can I apply again as an exempt? What are the chances?