H1 Expiry after 3 years

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paddu_es

New Member
My 3 year H1 period expires in Oct 2008. I am returning to India in April 2008 to do my MBA. As a result, I will have to resign my job. After completing my education, can an employer in the US hire me based on my existing H1 visa or will I have to go through the entire process again? If so, is there a way to hang on to my H1 status while I am out of country?

Thanks!
 
I would like to add that it will be easier for an employer to extend / transfer the existing H-1B. Your initial tenure will be the time remaining in the existing H-1B. You can later extend this under certain conditions. This process is not subjected to quota. On the other hand, if your stay outside of the U.S. is for more than a year, then you are also eligible for a new H-1B for a full 6 year but this is subjected to quota.
 
Thanks guys for your time. So just to confirm, lets say I dont do anything now, and my visa lapses in Oct 2008. I complete my MBA in April '09. Can a US employer just transfer this visa (although it has lapsed)?
 
No you used only 2 1/2 years from the 6 years quota - so 3 and half years are still left. Even if the first 3 years expires in October 2008, the time of absence can be recaptured by the new employer during April 2009.
 
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