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Resigned without fully utilizing 6 years of h-1b

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  • Resigned without fully utilizing 6 years of h-1b

    Hi Everyone. Last year, I resigned from my job in USA before spending 6 years of H-1B and moved back to India for a break. Now I am looking to move back to USA.

    My visa and job details.
    1. I resigned from my job last year, my last date was late Feb 2023. I moved back to India in Feb 2023 itself and have been living here since then.
    2. My I-797 expiry date is Sep 2024, but my employer sent revocation request to USCIS. The current I-797 status is "Revocation notice was sent"
    3. I do not have an approved I-140.
    4. My H-1B was stamped back in 2018 when I was working for a different employer. The H-1B visa expiration date is Aug 2021. (I didn't go outside of USA after Aug 2021, so I didn't get the fresh H-1B stamped)
    5. Now, 1 year later after I resigned, the same employer is offering me a job in the same location and same role (different team though).

    I had a couple of questions :
    1. Am I eligible to get a new H-1B valid till Sep 1. (Sep 2024 being the end of my 6 year h-1b period) 2024 without going through the lottery?
    2. If yes, since I have been living outside USA for last 12 months, am I eligible to get an extension on my I-797 and move the H-1B expiry date to Sep 2025?

    Thanks in advance!

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