After completing six years in H1B status and then remaining outside the U.S. for one year, am I eligible to apply for H1B status again without having to go through the lottery?


If a person leaves the U.S. for one year, an employer may file an H1B petition for that individual, which would allow the 6-year H1B period to start anew. However, this type of case is cap-subject. In order to return in H1B status after completing 6 years without being subject again to the H1B cap, one must have a qualifying GC case that allows for extension of status beyond the standard 6-year limit. (20.Apr.2015)

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