H1B cap exemption

Anonymous Oct 5, 2014 2 views 1 answers

Hi I have time left on my H1B. I left the country after losing job. I have been out of country for 1.5 years. Now I am on F1 visa. An employer wants to hire me. Can I use cap exemption and use my old H1B? Or should I wait till next year for lottery for new H1B?

Attorney Answer

Samuel Silva

Samuel Silva · Jun 15, 2026

It might be possible for you to use the H-1B "remainder" option as explained in the Aytes Dec. 5, 2006 memo, either to recapture time or to be admitted as a "new" H-1B visa holder. I'd encourage you to speak to an immigration attorney privately and discuss your options.

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