After going through the lottery, I worked in H1B status for nearly five years. I then left the U.S. for a couple of years. I now found an employer willing to file an H1B for me. I do not have an approved I-140. If a company sponsors me for an H1B position now, has my H1B clock reset?

Answer

In order to be eligible for a new six-year period of H1B time, one generally would need to be outside the U.S. for at least one year, and then go through the H1B lottery again.

A person is generally allowed to use any remaining H1B time, if that is the wish. But, in such a case, the individual typically still is subject to the six-year max on H1B time (unless the person qualifies to extend beyond six years based on AC21). (30.Oct.2024)

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