H1 expired, GC I140 apprv, rtn to India


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A person who has been counted against the lottery and has entered via H1B status in the U.S., is eligible for a full six years of H1B time. A new H1B petition utilizing the remaining time of that initial six years not need to go through the lottery again. If an employee is abroad and exempt from the CAP lottery, an employer can file the petition via consular processing. When the approval is issued via consular processing, it will not contain an I-94 on the approval notice. Instead, the employee will need to take the approval notice to a consulate in their home country and apply for an H1B visa stamp (if not visa exempt) to enter the US and begin working.

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