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Returning to US at short notice;Is there enough time? Help greatly appreciated

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  • Returning to US at short notice;Is there enough time? Help greatly appreciated

    I transitioned to H1-B from F1 on October 1st of 2015. Due to personal and family issues, I returned to India after quitting my job in the US in November, 2015. Now that issues have been resolved, I would like to return to the US on a long term basis. My H1-B was approved for a duration of 1 year from 2nd Oct, 2015 - 1st Oct, 2016.

    I am working with my previous employer to see if they can have me back and also seeking other employers who can sponsor me.

    Assuming I am successful in finding an employer who is willing to sponsor me, what would be the next steps? and more importantly, can all these steps be completed within a month's time before my I-797A expires? Will I have enough time to file an extension?

    Any help and guidance greatly appreciated.

  • #2
    Originally posted by nanven88 View Post
    I transitioned to H1-B from F1 on October 1st of 2015. Due to personal and family issues, I returned to India after quitting my job in the US in November, 2015. Now that issues have been resolved, I would like to return to the US on a long term basis. My H1-B was approved for a duration of 1 year from 2nd Oct, 2015 - 1st Oct, 2016.

    I am working with my previous employer to see if they can have me back and also seeking other employers who can sponsor me.

    Assuming I am successful in finding an employer who is willing to sponsor me, what would be the next steps? and more importantly, can all these steps be completed within a month's time before my I-797A expires? Will I have enough time to file an extension?

    Any help and guidance greatly appreciated.
    Do you have a valid H1 Visa stamp in passport?

    You can travel on current I797 only if the current employer is willing to take you on board and is providing a latest employment letter.

    If planning to join another employer then they would need to first file LCA and I129 for you, approval of which will get a new I797.

    This is my opinion not legal advice.

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    • #3
      I am yet to go for a stamping. I am waiting for a confirmation letter from my previous employer. My petition approval expires on the 1st of October, 2016. Will there be enough time to file for an extension?

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