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New h1b when old 1hb abandoned

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  • New h1b when old 1hb abandoned

    Hi,

    I did my M.S. in US back in 2007 and I got h1b through h1b lottery in 2007 under STEM category. I used only 1 month of H1b and went back to my home country. I am trying to join a new company now but I cannot transfer my old H1B because it has been almost 9 years. I never entered US on this h1b so far. If the company wants to file a new h1b,

    1) Do I have to go through the lottery again? If yes, will it be the same procedure just like other new MS graduates next year?
    2) Is there a way the company can just apply for h1b now not wait for april 1st 2018? If yes, premium processing should take just 15 days, right?

    Thank you very much for your valuable feedback.

    Thanks,
    Raja

  • #2
    (1) Yes.
    (2) No you have to wait until next yr.'s quota to open up, unless you are planning to work for a non-profit, university, etc., which are exempt. They can apply any time, but that H1 cannot be transferred to a non-exempt position.
    Just an opinion; Not legal advice.

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