H1-B validity after moving back to India

ssalgia

New Member
Hi,

I am currently in India, I returned in Dec 2024. Below is my story.

I got my h1 picked in March 2024 when I was working with say x company. Now once it was filed and waiting for approval, I was laid off in July 2024. Now as per my conversation with the concerned attorney at the company I was told to fast track my process for approval with the extra payment so that finding jobs is easier. Also they will only withdraw on 1st of October 2024 ( start date) so that I have a registered employment for h1 to kick in. Now when I wasn't able to find a job until november considering I have an H1 clock I planned to consult an attorney for B1/B2. Now when I did my research and spoke to the attorney she said that my status is invalid because what the previous attorney mentioned is not a valid step since I don't have a payroll there. Similar advice from another attorney. So I left immediately within a week to avoid any complications as I was assured I can come back since I have a valid H1 against my name. ( I do not have an H1B stamping ).

Now my questions are
1. Is my status still H1 or am I entirely at no status?
2. what are the chances if a company offers me a role in the USA again will I be able to come back?
3. What is going to be the process and what will the company have to do to get me back on the basis of the job?

Thank You.

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@ssalgia

If your previous cap subject H-1B is approved, then whenever new job becomes available your new employer can file H-1B petition under consular processing NOT subject to CAP.
 
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