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Is my H1B still valid?

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  • Is my H1B still valid?


    I worked in U.S from July 2014 to July 2016 and my prior employer sponsored me an H1B effective in October 2015. Due to personal reasons I returned back to China last year and now I am thinking to go back to U.S to look for a new job:

    1. If I were to apply and accept a job from a U.S employer, am I eligible to use the remainder of my prior H1-b, NOT subject to cap? (I have used about 9 months, leaving me with 5 years and 3 months in total)

    2. If I visit U.S with a tourist visa (B1/B2) and find a job, am I still eligible for a cap-exempt H1B? (i.e will answer to #1 change?)

    3. If I study for a master degree from August 2018 to May 2010, am I still eligible for a cap-exempt H1B after graduation? (i.e will answer to #1 change?)

    Many thanks in advance

  • #2
    Looks like #1 and #2 are both yes. Can someone help me with #3?


    • #3
      Since in 2020, you would have held a H1B that was counted under the cap in the past 6 yrs., you would be eligible for a cap exempt H1B filing.
      Just an opinion; Not legal advice.