PDA

View Full Version : Apply for H1B when had H1B in past


rasikmalhotra
Nov 2, 2009, 08:03 PM
I had a H1B Visa in past and was in US for ~2 years on H1B visa.
I had to go to my home country and before I could come back, my H1B visa expired.
I came back to US on L1 visa with my same employer which I was on H1B with.
Now, I am looking to apply for H1B again, but have following query:

1. Do I need to go through H1B lottery system again even if I had H1B in past?
2. Is it like Employer has to go through complete process or it is a like a H1B transfer?

What else should I keep in mind?

I would really appreciate if someone could help me out with the above questions.

Regards
RM

DCcityboy
Nov 3, 2009, 06:53 AM
You will not be in the new fiscal year visa pool, if you had one issued in the past 6 years. Please note that the time you were in H is added to the time on L for maximum period of stay in US, so if you were in the US as an H or an L, then all that time counts towards the 6 year maximum.

The company files another H, with evidence of your previous H approval and visa. There is no and never has been an H "transfer".

Good luck.