H1B visa cap and GC date

[bmc]

Hi,

I have recently moved to US from India on L1A visa. I have lived in US from 1999-2006 before moving back to India. I was on F1 visa from 99-2000 and then H1 visas between 2000-2006. I was out of US for 5 years. Also, back then, I have applied for GC - my labour and 140 were approved, and was waiting for the dates to get current to apply for the 485. I think my employer would have cancelled the processing as I left the company and the country.

Couple of questions:
1) Will I come under the H1B cap if I want to transfer to H1B visa now?
2) Can I use my then GC labour application date as my date if I apply for GC again now?

Please let me know if you need any more information to answer the above question.

Thanks.

[shervin143]

1) Will I come under the H1B cap if I want to transfer to H1B visa now?
>>> Yes.

2) Can I use my then GC labour application date as my date if I apply for GC again now?
>>> If you have a copy of your previously approved I-140, then you can port the priority date.