Several years ago, a company filed an H1B petition for me in the lottery. It was approved and I was issued an H1B visa stamp by the consulate, but I never actually entered the U.S. If I find a company willing to sponsor me for an H1B job, do I have to go through the lottery again?

Answer

In general, if a foreign national is granted H1B status or issued an H1B visa “stamp,”  that individual is considered to have been counted against the H1B cap. A foreign national who has been counted against the H1B cap, but has not used any H1B time, typically may be sponsored for an H1B position by a U.S. employer without having to again go through the H1B lottery. (30.Sep.2021)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.

 

Copyright © 2021, MURTHY LAW FIRM. All Rights Reserved



Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.