H1B status once you leave job and want to go back to USA

USA H1B Visa
1

Hello People,

I previously held an H1B visa and worked in the U.S. from February 2018 to February 2022. During that time, my I-140 was filed and approved. When I left the U.S. in 2022, my H1B was valid until January 2024. Now, I am considering returning to the U.S. for work. Can someone clarify what my visa status would be? Would my new employer need to file for a new H1B through the lottery, or is it possible to transfer my expired H1B?

Thanks

2

No need for lottery, you should qualify for cap-exempt, meaning a new employer can file H1B without going through lottery.

3

Thanks @Kalpesh_ for your response. Is the new H1B cap exempt petition filed for only remaining period (2yrs in my case ) or is it new H1B with a fresh tenure?

4

You can only claim the unused period for purpose of cap-exempt unless you have an approved I-140 for your green card process, in which case you can extend H1B beyond 6 years terms and be treated cap-exempt.