Recapture H1B Visa time

[rahulguru]

I was issued H1B originally in 2005 under higher education study quota of 20,000. Changed from employer A to B in 2006 and then from B to C in 2009. C filed for GC and I-140 was approved in Jan 2011. Left C in Aug-2013 and had 1.5 years left on H1B extension which was expiring in Nov 2014.

Questions are: With an approved I-140, can I recapture 1.5 years left on H1B even though the original 6 year time limit has long gone and I was on 3 year extension?
Would it be cap exempt so I can apply even now? Would it be considered H1b transfer case with no paystubs?

[raghvi]

I was issued H1B originally in 2005 under higher education study quota of 20,000. Changed from employer A to B in 2006 and then from B to C in 2009. C filed for GC and I-140 was approved in Jan 2011. Left C in Aug-2013 and had 1.5 years left on H1B extension which was expiring in Nov 2014.

Questions are: With an approved I-140, can I recapture 1.5 years left on H1B even though the original 6 year time limit has long gone and I was on 3 year extension?
Would it be cap exempt so I can apply even now? Would it be considered H1b transfer case with no paystubs?

Has C withdrawn the I140?

[rahulguru]

Has C withdrawn the I140?

The I140 is still valid and was approved as checked on USCIS website https://egov.uscis.gov/casestatus/mycasestatus.do
My understanding is once approved, and since it was more than a year before I left, employer C could not cancel it even if they tried:
Yates memo: https://us-non-immigrants.blogspot.c...-has-been.html

Will appreciate if there is any other info i am missing regarding your question. I could not find on USCIS any place to check the current validity of my case.

Pasting questions here for convenience: With an approved I-140, can I recapture 1.5 years left on H1B even though the original 6 year time limit has long gone and I was on 3 year extension?
Would it be cap exempt so I can apply even now? Would it be considered H1b transfer case with no paystubs?

[rahulguru]

Response?

Hi , Please respond to this thread. Thanks for your time!

The I140 is still valid and was approved as checked on USCIS website https://egov.uscis.gov/casestatus/mycasestatus.do
My understanding is once approved, and since it was more than a year before I left, employer C could not cancel it even if they tried:
Yates memo: https://us-non-immigrants.blogspot.c...-has-been.html

Will appreciate if there is any other info i am missing regarding your question. I could not find on USCIS any place to check the current validity of my case.

Pasting questions here for convenience: With an approved I-140, can I recapture 1.5 years left on H1B even though the original 6 year time limit has long gone and I was on 3 year extension?
Would it be cap exempt so I can apply even now? Would it be considered H1b transfer case with no paystubs?