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After resignation of job under H1B and moving out of country, does my visa stay valid for new employer to file transfer?

H-1B Specialty Occupation Visas 3 views 4 answers
My visa H1B started in 2011. It got transferred to another employer and my 797 shows validity upto 26th Aug 2015. But I resigned in Oct 2014 and moved to India. If US company offers me a job, can I tell them that my visa is still valid and they just need transfer of H1B or do I have to go through lottery based system of new H1B application? Oct 2011 : H1B started with company A Aug 2012: change of job so transfer of H1B with company B, I797 valid upto 26th August 2015 Oct 2014: resigned to return India and employer reported to USCIS July 2015: Is my Visa still valid for any employer to file transfer? How long time I have for company to be able to use my H1B and apply transfer ?

Attorney Answers

4
Tripti Sharma ·
If you have not used up six years in H-1B status, you are cap exempt. You can do the math.
0 upvotes
Carem Corvaia ·
You can apply for an H1-B visa with the new employer. Since it is not your first H1-B visa, you will not be counted against the cap. You should file as soon as your employer is ready to file, processing times will vary.
0 upvotes
Adan Vega ·
Apparently, from the iteration of the facts you have not occupied the H-1 B status for the entire 6 year limit and you will not be subject to the cap. Hence, another employer can file a FORM I- 129H on your behalf and you can re- enter the U.S. after obtaining approval from USCIS and obtaining a valid H-1B visa from the U.S. consulate.
0 upvotes

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