Currently I am on H1-B visa, I am planning to take a break for a year and go on my husbands dependent H4 visa. So my question is after a year could I resume back on H1-B with a new employer, And will i need to apply new H1 petition and go through lottery

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Currently I am on H1-B visa, I am planning to take a break for a year and go on my husbands dependent H4 visa. So my question is after a year could I resume back on H1-B with a new employer, And will i need to apply new H1 petition and go through lottery

Currently I am on H1-B visa, I am planning to take a break for a year and go on
my husbands dependent H4 visa.
So my question is after a year could I resume back on H1-B with a new employer,
And will i need to apply new H1 petition and go through lottery process or just
H1-B transfer
to my new employer.

Asked on March 8, 2016 under Immigration Law, Ohio

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you then change status back to H-1B  you will not be subject to the lottery; however, your employer would have to refile the H-1B on your behalf in order to effect the change of status or if the petition approval is still valid at that time and the position is still available to you, you can depart the US and reenter with the H-1B visa on that approval notice.


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