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going back to original h1 from h1> h4 after 3 yr gap

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  • going back to original h1 from h1> h4 after 3 yr gap

    I worked on h1b for little less than 3 years, went back to home country for 1.5 years, then returned on h4 visa for past 2 years. Can I go back to work using my original h1b petition which has more than 3 years left? Or is a new petition needed?

  • #2
    If you find a job, the employer can file a cap-exempt petition for you at any time. After it gets approved with change of status, you can start working for them.
    This is my opinion and not legal advice.

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    • #3
      Is there a time limit as to by when I need to find the next job? In other words, how much longer is my original petition going to stay valid? Is there a max gap time allowed for reusing an h1b petition?

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      • #4
        You will remain eligible for cap-exempt petition for up to 6 years after the last petition expired.
        This is my opinion and not legal advice.

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        • #5
          Thank you for this information Sir.

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          • #6
            I need to find the next job? In other words


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