I worked in H1B for a couple of years and then left the U.S. That was nearly ten years ago. I now have a company in the U.S. that wants to sponsor me. Do I have to go through the lottery again?

Answer

In general, a foreign national who has been counted against the H1B cap may remain in the U.S. in H1B status for a maximum of 6 years. If the foreign national leaves the U.S. or changes status prior to utilizing the full 6 years of H1B time, and then wishes to return in H1B status, there typically is no need to go through the lottery again. Rather, the prospective U.S. employer can simply file the H1B petition and indicate that it is cap-exempt based on the individual’s previously having been counted against the cap. (20.Apr.2022)

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