Coming back to US with a new employer with a previous employer i-797 / i-140

abhi_s

New Member


I was laid off last year 2023 while on US H1-B. I stayed in the US for 60 days after the layoff under the grace period (and then flew back to home country). However, I didn't realize that my i-94 expired in late 2022 (and was unaware about I-94 expiration affecting this grace period or to renew my i94). Have I accrued unlawful presence, and if so, what can I do about it?

Can I now renew my i94 to cover for this 60-day period?

Currently, I'm searching for jobs again in the US and want to come back. Would the above history affect my ability to get my visa stamp?

Also, would my previous i-797 valid till 2025 be available for the new employer to port for H1-B or would they have to start a new petition again?

Any other complications that are likely to arise and how would you suggest handling those?

Thank you!
 
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