Regarding i140 and H1b status while we are in India

Hi I moved to India 1.5 years back due to personal medical issues, when I moved here I had approved i140 and my current h1b going to expire in another 6 months, if i move to employer B now can i use current approved i140 in future and will the h1b from employer B falls under cap exempt or new one since I am sure that i may not return back before current H1B expiry.Request someone to share your thoughts, thanks in advance.

Employer B can file cap-exempt H1B under AC21 provided you left employer A after 180days of I-140 approval. You may need visa stamping if your visa is already expired by the time you travel to the US.


Thanks for the response @Kalpesh_Dalwadi - yes my i140 is not revoked by Employer A and it’s more than 1 year that it has been in approved status.