I have been working in H1B status for nearly six years, but I do not yet have any type of green card case filed for me. If I leave the U.S. for 1 year, can I then return on H1B status?

Answer

Generally speaking, if an H1B worker uses all six years of H1B time and has no PERM or I-140 filed on their behalf, they would need to leave the U.S. for one year and then go through the H1B lottery again. (14.May.2025)

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 © 2025, 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.