Last year, my registration was selected in the lottery. The H1B petition was approved and I got my H1B visa stamp, but the project was then canceled and I never came to the U.S. Can an employer file an H1B for me now without going through the lottery?


The USCIS technically considers an H1B applicant counted against the numerical H1B cap if s/he is issued an H1B visa “stamp” from a U.S. consulate abroad. In general, a foreign national who has been counted against the H1B cap may work in H1B status for a maximum of 6 years. If the foreign national has not utilized the full 6 years of H1B time, an employer typically may file an H1B petition on the individual’s behalf without having to go through the lottery. (19.Apr.2023)

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