I worked in H1B status for a couple of years, and then left the U.S. More than six years have passed since I was last in the U.S. Do I have to go through the H1B lottery again?

Answer

Ordinarily, 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, an employer typically can file an H1B petition for that individual without having to worry about the cap. (08.Sep.2022)

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 © 2022, MURTHY LAW FIRM. All Rights Reserved