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Dipali@VA

Unused H1B years after gap

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I had worked previously on H1B for 3 years and then shifted to H4-EAD to different employer. Can I use my remaining H1B if my current employer is ready to file? Does this H1B will be considered in lottery or it can be considered as CAP exempt.

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Thanks. In my scenario do I need to get new H1B approval(New employer filling it as Change of employer) before my current H4 status expiry and then file change of status(from H4 to H1) to start working? Or approval of H1B itself is changing my status from H4 to H1 if it comes before H4 expiry?
Is other option possible in which employer can ask the start date of new H1B from next day of H4 expiry, get the approval before H4 expires and I can be on H1 status from the next day of H4 expiry?

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