7 years on H1B ,I-140 approved, Left USA. Can i get new cap-exempt H1B ?

[makJ]

Hello,

Situation:
1. I worked on H1B for almost 7 years (got H1B extension beyond 6 years based on approved I-140 by my employer).
2. I left USA in Oct 2019 and migrated to India.
3. Now after almost 7 months (May 2020), i wish to return back to USA

Ques:
1. Is my I-140 still valid ?
2. I guess now i need a fresh H1B to travel to USA by an employer. Will it be cap-exempt ? [ Main question ]

Thanks in advance!

[R78]

1. Green Card process is for a future job (which in many cases is exactly what you are doing now).
If the approved I-140 was used to file I-485 and no action was taken after 180 days, it continues to stay valid & cannot be revoked.
If the I-140 was approved, I-485 not filed, then it stays valid unless / until the sponsor requests that it be revoked.

2. You are not eligible for cap exemption since you used up the entire 6 yrs of H1.