[proberts]

The guidance isn't crystal clear on this but the concern is that this person would be subject to the lottery again since more than 6 years have elapsed since he or she was last in H-1B status. That being said, we've had H-1B petitions approved where the gap was greater than 6 years.

[gmanis]

Thank you for your reply.

I was definitely wishing to avoid the lottery but I guess it’s on case to case basis.