Option to Work in US - Previously worked on H1B in USA

[Nikhil J]

Hi,

I'm exploring my options to come back to USA for work on H1B visa. I have previously worked in USA on H1B from 2010 to 2015. At time of exit I had approximately 20 months left on my H1B. 

Please advise how should I approach & which of below scenarios are right

1. Authorized to work in US & New employer to file petition to claim unused 20 months under H1B recapture

2. Since I have spent more than  8 years outside US, am I eligible for fresh 6 years of H1B

3. In point 2, since I already had H1B in past - do I have to apply under Lotttery system or eligible for direct 3-3 years renewal? 

 

Please advice what are my options to enter back in USA?

Please note during my time in USA (2010 - 2015), I never had I-140 or GC application initated.

[Attorney_24]

If you want a fresh 6-year term you will have to go through the H-1B lottery. You can consult with an immigration attorney to discuss the pros and cons of using the remainder term vs filing under the H-1B lottery.  

[Nikhil J]

Thank you for the feedback. 

So having worked on H1B in past has no benefit or doesn't exempt from lottery for fresh 6 yrs - considering I have stayed outside US for more than 365 days?

[Zodiac System]

20 months left in current H1b's 6 year tenure is not enough for any employer to get you an I-140 to become CAP Exempt.   I-140 processing times have increased recently.  Find an employer who will enter you into lottery, this March 2024.  Good Luck.

Edited January 23 by Zodiac System