New H1B Petition with time still remaining in Old H1B

[Venkat2021]

Hi Team, I have utilized 5 years out of the maximum 6 years in H1B. I am now back in India. 

 

I have the option to utilize the remaining 1 year later as H1B cap-exempt. But I am also considering subjecting myself to H1B lottery again so that I can get 6 years. I have a couple of questions related to this:

 

i)If I subject myself to Lottery again and don't get picked, can I still use my remaining cap-exempt 1 year later

ii)If I get selected in Lottery, will I get only 6 more years or 6 + 1 more year of the previous petition. If anyone has subject themselves to the lottery again and got picked,  can they share their experience?

 

Thanks

Venkat

[Zodiac System]

Find an employer who can start your PERM/GC processing and file your I-140.  Then you do not have to go through lottery again.

[LeaveMessageH1B]

1. Yes, you can use same petition and request to re-capture remaining period. 

2. You can not have it both ways, only 6 year total with new petition (initial approval may be different could be 1 year or could be 3 years- depending upon how your petition is filed)