H1 Visa : Old employer

[kadkhiq81]

Hi All,

I have a valid H1 visa till Feb 2014 with Employer A. I am planning to quit this employer but I might join this employer few months later.

Will I be able to use this approved petition if the employer did not cancel this petition or would that get void automatically once I leave that company?? Could you please assist me on this??

[kabkaba]

You cannot stay in the US if you quit the job unless the transfer petition is filed before the last day at work and you begin working for this new employer.

Another employer can file a cap-exempt petition for you any time in the next 6 years, irrespective of whether your current employer withdraws their petition or not.

[kadkhiq81]

H1 Visa : Old employer

Thank you for your response...

Sorry that I have not provided the complete information.

Please find the details below.

- Have never travelled to US and currently located in my home country.
- Have transferred my H1 to another employer B in US while in india and planning to travel in the mid of feb 2013

- Have to quit the current employer A for personal reason and might join them back before I travel to US using Emp B petition. Is that possible to join them back or would my Emp A petition get void automatically once I leave the organization.

If it does not get void, Will I be able to use the same petition though I would be rejoining them back??

If it get void, can I apply new h1 by using the old petition for CAP exemption (which would
Help me to not to wait for another 1 year)

Can you please help me??

[kabkaba]

Are you talking about changing employers in your home country? It does not matter what you do there.

[kadkhiq81]

H1 Visa : Old employer

I have never travelled to US. If I would like to rejoin my current employer A, will I be able to use their current petition to travel to US after joining them..?? Or Should I need to apply a fresh H1 petition? Will that be a cap exempted one if it is a new fresh H1

[kadkhiq81]

H1 Visa : Old employer

Dear Kabkaba...

Could you please help me with my question?

[kabkaba]

If A has withdrawn their petition, they will need to file another one in order for you to work for them in the US. It will be cap-exempt. If they have not withdrawn and the current petition has not expired, you can use the same one to work for A in US.

[kadkhiq81]

H1 Visa : Old employer

Thank you very much Kabkaba..