I moved from US (held H1B) to Canada (work permit -- same employer) for work on 2017 Oct and have a valid I140. My H1 is expiring by end of this year. I will be heading back to US by end of 2018 through L1A visa. My employer would be doing my GC in US in EB1. It might take up to two years to get GC in US. My question is that if I loose my job before I get my GC, would I be able to use my I-140 and have a new employer apply for H1 (cap exempt) ?