How to re-enter US with old H1 after 2 years

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virgoruby16

Registered Users (C)
Hi,

I am on H1 and my last day with employer is dec 19. I am planning to leave US by Jan 1st week. Is that ok if I stay till Jan first week. My employer said he is flexible about informing to USCIS.

I want to stay in India for 1 year to 2 years. After that I would like to come back to US. Can I come back with this H1 visa. Or do I have to apply a new H1 and get through the visa cap again?

Or can I transfer it to a consultant who can just keep my visa status.

Please let me know what is the best approach.
 
Staying til Jan may be OK.

You must have an employment and a valid approved H1 to enter the US as H1.
 
Last edited by a moderator:
virgoruby16 said:
Hi,

I am on H1 and my last day with employer is dec 19. I am planning to leave US by Jan 1st week.
Is that ok if I stay till Jan first week.
-----------------If your I-94 des not expire till Jan first week you can stay.

My employer said he is flexible about informing to USCIS.

I want to stay in India for 1 year to 2 years.
After that I would like to come back to US.
Can I come back with this H1 visa.
-------------- I dont think that H1 visa stamp will be valid. dont know till what date or year your H1 stamp is valid. even if stamp is valid you need job with employer who filed H1.
Or do I have to apply a new H1 and get through the visa cap again?
---------------what date, year your FIRST H1 was approved? what is the H1 approval date,year of your FIRST H1 approval notice?
Or can I transfer it to a consultant who can just keep my visa status.
------------------ if new employer file H1 transfer you need to work in US for that employer. if you are out of US then you are not on H1 status.
Please let me know what is the best approach.
Click to expand...
-------------------
 
My First H1 visa stamping was done on Nov 2006 and it expires by Jan 2009 or march 2009 (Not sure exactly).

My new work permit is till march 2010.
 
You need to get H1 approved with new employer before entering the US and you obviously need to get H1 stamp next time you enter the US as well.

You won't be subject to quota, IF YOU CHOOSE SO, but also can be subject to quota if you wanted 6 years H1.
 
OK Thank you Sir.

One final confirmation.

Now since I am leaving in January my current employer would inform USCIS by Jan or March.

So after 2 years I can just try to get hold of an employer and ask him to transfer my H1. Am I right? Can he apply any time of the year or should he apply during the April time frame. Please let me know this is important.
 
virgoruby16 said:
OK Thank you Sir.

One final confirmation.

Now since I am leaving in January my current employer would inform USCIS by Jan or March.
---------------------your current employer inform the USCIS to revoke your H1 petition.
So after 2 years I can just try to get hold of an employer and ask him to transfer my H1.
--------------------H1 transfer can only be filed if you are in US with valid I-94 and valid H1 status. New employer can file New H1 and after it gets approved then you get H1 approval notice ,get H1 visa stamp and then enter US if the new employer has job for you.

Am I right? Can he apply any time of the year or should he apply during the April time frame. Please let me know this is important.
Click to expand...

------------------- New company lawyer will let you know when company wants to file new H1.
 
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