A Olusanjo Omoniyi
Immigration AttorneyWhether you can resume or not depends on a host of facts. First, the H-1B visa can last for a maximum of six years and secondly, it is usually issued for two to three years per term. As current H-1B visa holders, if either of you have not exhausted his/her six years, you can return to the remaining unspent period of your H-1B visa in the event your I-829 is not approved. In addition, you do not need to go through the lottery system again. For proper planning, seek further information from an EB-5 attorney who is also conversant with the H-1B visa, particularly on whether you are returning to the H-1B visa with (or without) the same employer.