H1B reapply after 6 years


I had returned to my home country in Feb-21 after spending close to 6 years (4 months remaining) in US on H1B .

I had a query …Can i apply for H1B in Apr-22 lottery and will it be counted as a new petition with clock reset or will it count as cap exempt with 3 months remaining?


If you apply under lottery, it will counted as cap-subject. If you apply under cap-exempt you may only be able to claim the unused period of prior H1B. Other option is to find a green card job sponsoring employer and have them file PERM and I-140. Once I-140 is approved, you can get 3 years extension and the H1B will be considered cap-exempt.

Thanks for the reply…how much time does the PERM and i140 process …considering i have 4 months remaining is it sufficient time or can it be applied while I am in India and I will be considered Cap exempt?

Your green card sponsoring employer will need to go through the recruitment process (can take 3 to 6 months), then apply for Prevailing Wage Determination (PWD) with DOL and PERM LCA before filing I-140.
The whole process up until I-140 approval may take 1 to 2 years depending on if there are any PERM audits/RFE etc. That is the reason why most H1B holder have their employers start green card process in their 2nd or 3rd year of H1B term.

Yes, the beneficiary need not be present in the US for the employer to start the PERM process. Once I-140 is approved , your employer can file cap-exempt H1B and you can travel to the US to work for the employer.

Is it necessary to be recruited before filling perm by the new employer?

It is part of process if you are applying inder EB2 & EB3. If you qualify for EB1 and EB2 NIW there will be no PERM process.
Talk to an immigration lawyer for your options.