Re-Activating H1-B

[scott_t]

Hi,

I was previously employed in the US under a H1-b for ~3 years and left ~2 years ago. During those 2 years I have re-entered the US as a tourist. I have read that it is possible to re-activate/re-apply for the H1-b without going through the regular caps in this circumstance, but wanted to check whether my entry to the US under a different VISA (the ESTA Visa waiver program) during this time would invalidate my flexibility to do this?

Thanks in advance!

Thanks,
Scott

[JoeF]

You are cap-exempt for the remainder time of the H1. Traveling in between on a visa waiver doesn't change that. You just can't change status to H1 while in the US with a visa waiver.

[pontevecchio]

Once you have been subject to the H1 cap, you are entitled to a total of 6 years in H1 status . In your case you are entitled to 6 years minus the one year you have been in H1 status. Your tourist entry is not relevant to the matter. You will need to find a H1 sponsor to file and get a H1 petition approved for you and then come over with a H1 visa to start work.

[Zodiac System]

H1b is filed by the employer.  Find an employer who is willing to file your H1b (change of status) with the help of your previously approved H1b's. Good Luck!

[JoeF]

12 hours ago, Zodiac System said:

H1b is filed by the employer.  Find an employer who is willing to file your H1b (change of status) with the help of your previously approved H1b's. Good Luck!

COS is not allowed when the person is in the US on a visa waiver. The OP needs to find an employer who filed an H1 petition. Once approved the OP can enter the US with an H1 visa.