Extension after expiry on employer change

[madhuryadav]

Hi folks,
My H1B petition and visa was valid from Dec-2011 to 30-Sep-2013. I traveled to USA twice on this visa for a total duration of around 5 months. I am currently in my home country. I wanted to know if I leave my current employer, is it possible for any new employer to extend my H1B after few years and what all documents would I need at that time(and in original or a xerox would do)? I understand that one I resign from my current employer, I would need to submit the original petition document and the company would intimate USCIS about me leaving them and might cancel the 'expired' petition as well.
So, if I want to travel to USA again on this H1B visa, is it mandatory for me to continue with my current employer?

A friend of mine told me that the extension of an expired H1B visa is possible only within the first year after its expiry. I see contradictory information regarding this.

Also, do any employer's really look for candidates like me (having expired H1B visa)? If yes, then I suppose I need to mention about my H1B visa in my CV after its expiry too.

Appreciate the help.
Thanks in advance.

[Nattybone]

Hi folks,
My H1B petition and visa was valid from Dec-2011 to 30-Sep-2013. I traveled to USA twice on this visa for a total duration of around 5 months. I am currently in my home country. I wanted to know if I leave my current employer, is it possible for any new employer to extend my H1B after few years and what all documents would I need at that time(and in original or a xerox would do)? I understand that one I resign from my current employer, I would need to submit the original petition document and the company would intimate USCIS about me leaving them and might cancel the 'expired' petition as well.
So, if I want to travel to USA again on this H1B visa, is it mandatory for me to continue with my current employer?

A friend of mine told me that the extension of an expired H1B visa is possible only within the first year after its expiry. I see contradictory information regarding this.

Also, do any employer's really look for candidates like me (having expired H1B visa)? If yes, then I suppose I need to mention about my H1B visa in my CV after its expiry too.

Appreciate the help.
Thanks in advance.

Hello, Madhur.

If i understand your question, Yes, it is absolutely possible for an (even if it means a different from your earlier sponsor) employer to sponsor your existing H1B. An H1B permits you to work in USA for 6 years, so, if you have not used your H1B for 6 years of stay inside the USA, you could file for the remaining period. What i have understood is, one must have been on H1B status for some time in the last 6 years to recapture an old H1B (like in your case).

You do not need to stick to the same employer for having your H1B sponsored. i.e.: Company Google sponsors your H1B, you are allowed to switch that H1B to Apple.

All you need is an employer to file this H1B petition for you.

I hope this helps.

Cheers,

[madhuryadav]

Thanks Nattybone for your quick help. Sincerely appreciate it.

Reading this gives me some relief.
So, the petition won't be considered as deactivated after its expiry and still be used in the first 6 years.

Also, does this duration of 6 years start from the petition expiry date, or from the petition start date?

Just out of curiosity,
Also, do any employer's really look for candidates like me (having expired H1B visa)?

And what documents should I have when I leave my current employer?

[Nattybone]

Thanks Nattybone for your quick help. Sincerely appreciate it.

Reading this gives me some relief.
So, the petition won't be considered as deactivated after its expiry and still be used in the first 6 years.

Also, does this duration of 6 years start from the petition expiry date, or from the petition start date?

Just out of curiosity,
Also, do any employer's really look for candidates like me (having expired H1B visa)?

And what documents should I have when I leave my current employer?

Hello, Madhur.

If you refer to your passport, my guess is, your visa start date can be picked from there. For reviving the H1B, i feel (i am not 100%) it is within 6 years from the last time you were on H1B status.

Employers, i do not think, are on the lookout for such candidates. There are plenty of people within US, who are seeking visas and can be sponsored (existing H1 seeking transfers, L1 seeking change of status to H1, Students on F1, Spouses on H4 etc.). You could try reaching out to some of the Desi Consultancies, and they might be willing to invest time in you. Normally, they also have enough people within USA to profit from, that investing in someone in India is not really worthwhile.

But, nothing stops us from trying and positioning ourselves for a potential visa sponsorship. Your last petition (I797), LCA should suffice (an attorney would be the best person to answer this).

I hope this helps. Wishing you luck.

Cheers,

[madhuryadav]

Thanks again. One last clarification please.
1. If I try to switch now, will the new employer get any Monetary benefit in hiring me (I already have H1B visa) or will they have to shell out double the normal amounts for first transferring and then extending my visa?
2. If you have the details, Appreciate it if you could provide me a list of desi consultants. If not, no problem.

Thanks much

[Nattybone]

Thanks again. One last clarification please.
1. If I try to switch now, will the new employer get any Monetary benefit in hiring me (I already have H1B visa) or will they have to shell out double the normal amounts for first transferring and then extending my visa?
2. If you have the details, Appreciate it if you could provide me a list of desi consultants. If not, no problem.

Thanks much

Hello, Madhur.

I do not see any significant advantage for the employer, in regards to you already having an H1B. The only comfort being, they can file right away and not wait till April. Whenever employers transfer someone's visa, they also file for an extended duration with the same application. So, no cost advantage there.

For your second question, i am sorry, i do not have any list - you could go on desicrunch.com or simply Google IT Consultancies in a State / City. Let's say New Jersey. You will find a number of consultancies, you could start calling them and check if they would like to take you.

Hope this helps.

Cheers,

[madhuryadav]

Thanks so much Nattybone for your help.

[madhuryadav]

Hi, another question. In case the new employer does not transfer my visa. Would it matter in using that visa any other time in future?