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Do I need to re-enter US to work on approved H1-B transfer?

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  • Do I need to re-enter US to work on approved H1-B transfer?

    Hi,
    I got an approved H1-B in March 2012, and continued employment on it until February 2015. I had resigned from my job at that time and moved out of US after 2 weeks. My H1-B got expired in December 2015.
    Now I have come back to US on B-2 visa. Can I get an H1-B transfer since I still have 3 more years left on my Cap exempted H1-B? Will the new employer be filing for H1-B extension? And when can I start working, do I need to re-enter US on new visa to be able to work?

    Thanks.

  • #2
    If the H1b petition application indicates that you are doing change of status, then you should be able to stay in the US.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      If the H1b petition application indicates that you are doing change of status, then you should be able to stay in the US.
      Thank you for your response. I'm on B-2 visa now, will it be considered as "change of status"? Is it upto the Employer to decide or USCIS guidelines specify that?

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      • #4
        It depends on what box was checked on the I-129 that the employer filed.

        This is my personal opinion and is not to be construed as legal advice.

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