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I first had my H1b approved several years back. I was with Company A for 2 years before I moved back to India to work at another company. I then came back to the US where I worked on H1b (same visa) for Company B for another 2.5 years. So I've used up around 4.5 years on my H1b that was first issued in 2007. I left the US and am now based in Canada.

I recently got another offer from Company C in the US. Does Company C need to apply for a new H1b, or can they simply transfer the current H1b I have? Note that my current H1b (that was sponsored by Company B) expired in May 2017, but I still have 1.5 years that I can use on it before the 6 year limit, as far as I understand. I hope my question makes sense.



That's a complicated question and depends on USCIS's interpretation of its regulations but there is an argument that you would not be subject to the lottery and still have 1.5 years of H-1B time left.




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