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Apply for H1B when had H1B in past

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  • Apply for H1B when had H1B in past

    I had a H1B Visa in past and was in US for ~2 years on H1B visa.
    I had to go to my home country and before I could come back, my H1B visa expired.
    I came back to US on L1 visa with my same employer which I was on H1B with.
    Now, I am looking to apply for H1B again, but have following query:

    1. Do I need to go through H1B lottery system again even if I had H1B in past?
    2. Is it like Employer has to go through complete process or it is a like a H1B transfer?

    What else should I keep in mind?

    I would really appreciate if someone could help me out with the above questions.

    Regards
    RM

  • #2
    Need timelines.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      RM:

      Check out INA ยง214(g)(7). This says a foreign national is not subject to the H-1B cap and is he has held H-1B status within the past six years and is not eligible for another full six years of H-1B employment.

      Also, the cap is still open so it really doesn't matter if your case is filed under the cap or if you revive your old H-1B. Either way, you will need the case to be approved to start working for a new employer in H-1B status. The same filing fees apply to your employer.

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