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Validity of unused part of H1B

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  • Validity of unused part of H1B

    I filed for H1B in April 2008 and my H1B got approved in October 2008. I entered US in F2 visa (dependent to my husband who was on F1). Then I changed my status from F2 to H1B. The status change was approved in July 2009. After working for a few months, I decided to change my status to F2. This status change was approved in May 2010. I then left US in May 2010 and have never returned since then. If I now return to US and find a job, can my employer continue my previous H1B? Or do I have to wait until April to apply for a new H1B? Please advise. Thanks a lot for your help!

  • #2
    Since you haven't held a H1 status in the past 6 years, your previous H1 is now no longer valid. You will have to go through the lottery again.
    Just an opinion; Not legal advice.