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Unused or wasted H1b Visa duration

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  • Unused or wasted H1b Visa duration

    Hi,

    while I was in USA on L1 Visa from Company-A, I got approval for my H1b visa from Company-B and later I completed my assignment on L1, returned back to India & got my H1b stamped & travelled back to USA on H1b visa but there I was unable to survive for long duration and returned back to India so my H1b was not used for it's complete duration & now the H1b visa is expired.
    How is it considered now if I want to travel back to USA once again ?
    Will that be taken as an visa extension case or should I need to take any permission with US embassy w.r.t extension ?
    Any feedback would be appriciated.

    Thanks in Advance,

    jcd

  • #2
    If your Visa and petition are valid and if the corresponding employer wants you to work for them (job still exists), then you can travel to US and work for the employer. (and then they can file for your extension before the current one expires).

    If the petition has expired, you will need to a find an employer who can file a cap-exempt petition for you. After that is approved, you can apply for Visa like before and travel to US to work for them.

    In any case, you are eligible for 6 years minus time spent in the US in H1+L1 status in the past.
    This is my opinion and not legal advice.

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