salzburry Posted July 11, 2023 Report Posted July 11, 2023 Hello I had a question regarding my H1 status. I had an approved H1 in Oct 2021 valid till Oct 2024. However due time personal reasons I had to quit my job and return to India in Jan 2022. My company terminated my employment in Sep 2022. I have an approved I 140 in May 2018. My question is regarding my H1 status. If I want to return to USA, would I have to go through the lottery process again or can I use my prior H1 Quote
Attorney_15 Posted July 12, 2023 Report Posted July 12, 2023 Generally, a person remains exempt from the H1B Cap even when they travel outside the US if they have an approved I140 Petition. The law generally allows the beneficiary to choose whether to go through the H1B Cap or just have the US company that wants to file an H1B petition use the I140 Petition approval and file it as Cap Exempt. Quote
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