I came back to India after using H1b for 3 years. As I have MBA degree from US, Will I get new H1b through MASTERS QUOTA or general lottery system?

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I came back to India after using H1b for 3 years. I have MBA from US university. Now I am in India for some personal reasons. If my employer apply for my H1B, Will I get it through MASTERS QUOTA or general lottery system? And for maximum how many years I can get it?

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H-1B India 1 Answer 1344 views

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  1. shilpi

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    Hi,
    A person who had an H1B, but worked for less than six years can file a new petition, without being subject to the cap, even if he/she has subsequently lived outside US for a period of time.
    To calculate how much time you used from your initial 6 years, sum up the total time you spent 1) physically present in the US, 2) while in H1B status. For example, if you worked under an H1B for 3 years, but spent rest 3 years in your home country then you gave 3 years left with you to use before being subject to the H1 B cap again.
    You can use the unused time and reclaim it in your interest. Ask your employer to get the cap-exempt petition based on your previous approval within 6 years of the day you left US under H1b status.