View Full Version : H1B Cap exempt & Portability

10-12-2017, 08:21 PM

I have two questions for experts based on the following facts:

As an Indian citizen on H1B visa, I worked in the USA from April 2005 until Nov 2012 (around 7.5 years).
Employer filed for green card and got approved I-140 EB2 in 2007
H1B visa expired in Oct 2013.
Relocated to Canada (2012-present) and worked independently as a Contractor for Canadian companies.
Got Canadian citizenship in 2017

My questions are:

A. Can a new employer in the USA file for my H1B under visa cap exempt option?
B. If the new employer files for my Green Card immediately, can I port my priority date of EB2 July 2007 and get my Green Card quickly by filing I-140 & I-485 concurrently? Does my Canadian citizenship or time lapse of staying outside the USA cause any problems in porting my priority date?

Please advise.