H1B to TN1, now TN1 to H1B

[AbbyLeoan 0]

Hi Guys,

I would highly appreciate if someone response to my query.

 

 

I was on H1B issued in Sep 2009 with my previous employer, I got my H1B transfer twice and I left the last job on H1b August 2014. I left the country
and went back to Canada, I left the country, surrendered my I-94 on exit. After 2 months on November 2014, I came back on TN1-VISA with an other job. Since than I have been working in the USA on my TN1-VISA. My employer wanted to apply H1b for me again this year.

 

I need your help and expert advice on the following:

 

Would I be able to get the H1b Visa again? Since I almost worked on H1b visa more than 5 years.?

 

I am going to be exempt from H1B cap?

 

The obvious issue is that last time they received 180K applications for 65K visas, and had to draw lottery. I may decide at some point to go from H1B to I-140 and if I do, I can't be relying on lottery to manage that.

I was not able to find an answer on how much of a gap one can have between H1B jobs (finish one, go out of country, apply for another H1B job ).

Edited February 22, 2018 by AbbyLeoan

[Mollie09 1,543]

You will still have the original 6-year cap for your H1B since you weren't outside the US for a year.

[Coco8 1,042]

You should try to convince your employer to apply for your green card. How long that takes will depend on your qualifications.

Edited February 23, 2018 by Coco8