If you have worked under CAP subject H1B Visa status, at one point in time you were granted H1B status through the H1B lottery. Once you are granted H1B status through the lottery, it is not always necessary to re-enter the H1B lottery to accept new employment. In this article, we discuss whether or not you must go through the H1B visa lottery again after the loss of employment.
I lost my job while on an H1B Visa, do I have to go through the H1B lottery again?
In general, once you have been granted H1B visa status through the H1B visa lottery, you have a maximum of six (6) years of H1B Visa status. If you lost your job while on an H1B Visa, you can carry the H1B visa status with you to a new employer without the need of entering the H1B Visa lottery as long as you have not used your maximum 6 years in H-1B status. Your new employer will have to file an I-129 Petition with USCIS before you can begin working.
What if I leave the United States, do I have to go through the H1B lottery again?
In general, you can come back to the US on an H-1B visa for a new employer, without having to go through the H-1B lottery again. You would only need to re-enter the H1B visa lottery if you have reached your six (6) year limit under H1B visa status. Your new employer will have to file an I-129 Petition with USCIS before you can begin working. If you have left the United States you might also need to obtain a new H1B visa stamp before traveling back to the US.
How do I extend or renew my H1B visa and can I extend it beyond 6 years?
I was laid off or fired while on an H1B visa, now what?
How do I transfer my H1B Visa to a new employer?
As an employer, what do I need to know about H1B Visa extensions and renewals?
Additional Outside Resources
- H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models
- USCIS: I-129, Petition for a Nonimmigrant Worker
- USCIS: I-539, Application to Extend/Change Nonimmigrant Status
We Can Help!
If you have lost or resigned from your job while in H1B visa status, it is important to take action to preserve your ability to stay inside the United States. If you do not take appropriate action it could lead to long-term immigration consequences. The immigration lawyers at Richards and Jurusik Immigration Law have hundreds of 5-star client reviews and more than 30 years of experience helping foreign nationals who have lost jobs or made employment changes to obtain new H1B Visas. We always start with a case assessment and offer several levels of H1B Visa legal services to fit your needs.
