Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1 Visa - Return back to India

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1 Visa - Return back to India

    I am currently working in New York on a H1 Visa which is valid till September 2014.

    Due to some personal reasons I am planning to return back to my home country India.

    My question here is that

    1) Do I need to Inform USICS to cancel the current Visa, and what are the cancellation expenses.
    2) If I wish to return to US in future say after 6 months or 1 year then Do I need to Re-apply for H1 Visa?
    3) If I Re-apply then Will I get a fresh H1 Visa for 6 years or will I get it for my balance term, which in this case is 2 years and 9 months Balance.

  • #2
    There is no need to cancel anything, just leave the US and submit your I-94 to the airline when you leave.
    After a while, whenever you want to return, another or same employer can file a petition for you at any time. On approval of petition, if your Visa in your passport is valid you can use the same visa to return to the US to work for this petitioning employer. If job is still available and current employer has not revoked their petition at that time, you can use the same petition also.

    If new petition is filed under old cap from your previous petition, you will only be eligible for remainder time. If you spend 1 year outside the US and another petition is filed using new cap then you can get 6 more years.
    This is my opinion and not legal advice.

    Comment


    • #3
      1) Do I need to Inform USICS to cancel the current Visa, and what are the cancellation expenses.
      >>> You don't have to do anything. While going back, make sure you return all your I-94 to airline officials.

      2) If I wish to return to US in future say after 6 months or 1 year then Do I need to Re-apply for H1 Visa?
      >>> If the H1B petition remains valid at that time and if you are going to work for the same employer, then you can re-enter with the same valid petition and visa and start woring. If you want to work for a different employer, then that employer will need to file a H1B petition (Can use the CAP from the existing petition and request an immediate start date) and that should get approved before you can travel. If the existing H1B visa in the passport remains valid at that time, then you can use that to travel with the newly approved petition.

      3) If I Re-apply then Will I get a fresh H1 Visa for 6 years or will I get it for my balance term, which in this case is 2 years and 9 months Balance.
      >>> You should stay outside for 1 whole year to qualify for a fresh 6 years term. After completing 1 year outside U.S, you should file a new H1B petition under a new CAP (Should not use the CAP from your existing approval notice) which will get you 6 years. The start date of that H1B will be on or after Oct 1st.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment

      {{modal[0].title}}

      X

      {{modal[0].content}}

      {{promo.content}}

      Working...
      X