Re-enter US on an approved H1B

[robincook85]

Hi,

I got my H1B stamped in 2011 from Company A. After 1.5 yrs, I switched to Company B, who extended my H1B to Sept, 2015. I want to know if I quit company B today and go back to India for an year and so. Can I come back and get my H1B visa transferred to Company C before Sept, 2015 (When my petition expires)?

Thanks
SD

[Nattybone]

Hi,

I got my H1B stamped in 2011 from Company A. After 1.5 yrs, I switched to Company B, who extended my H1B to Sept, 2015. I want to know if I quit company B today and go back to India for an year and so. Can I come back and get my H1B visa transferred to Company C before Sept, 2015 (When my petition expires)?

Thanks
SD

Hello, SD.

You can use this H1B visa till 2017 without being subject to cap. However, you need to keep a couple of things in mind (to re-enter USA, once you are in India):

1) If your visa on the passport expires, then you will not be able to enter without a fresh stamp - which would be issued basis a new I797 petition from an employer.
2) If your visa on the passport is valid, then you can travel to United States without having to go for another interview, but at the Port of Entry you will be asked to show the I797 petition of the employer. So, you will need a valid I797 petition at the Port of Entry.

Hope this helps.

Wishing you luck.

Cheers,

[robincook85]

Thanks a lot Nattybone.

I have 2 follow up questions
1. when you mentioned without being subject to the cap, does that mean an easy transfer of my H1B (which can be done year round)?
2. My wife got her H4 Visa stamped last sept and her visa stamp end date is 30 sept,2014. My H1B extension took place early this year and its now approved till Sept,2015. We are planning to visit India for New Years, can she get her visa restamped again till Sept,2015?

[Nattybone]

Thanks a lot Nattybone.

I have 2 follow up questions
1. when you mentioned without being subject to the cap, does that mean an easy transfer of my H1B (which can be done year round)?
2. My wife got her H4 Visa stamped last sept and her visa stamp end date is 30 sept,2014. My H1B extension took place early this year and its now approved till Sept,2015. We are planning to visit India for New Years, can she get her visa restamped again till Sept,2015?

Hello, Robin.

Yes. You can have your H1B filed/transferred any time of the year and not be bound to the month of April.

Query 2: Why would she not be allowed to have her visa restamped if you have a valid H1? I am sorry if i missed something. Her H4 is dependent on your H1, which is valid till 2015. Or, is the question that is it too soon to have her restamped as she still has another year? Anyway, i do not see any challenge in her getting another stamp as long as your H1B is valid and in place.

Hope this helps.

Wishing you luck.

Cheers,

[robincook85]

Thanks Nattybone,

Yes, my query was if her visa stamp hasn't expired yet, can she still apply for a visa stamping?

SD

[Nattybone]

Thanks Nattybone,

Yes, my query was if her visa stamp hasn't expired yet, can she still apply for a visa stamping?

SD

Hello, SD.

I do not feel anything stops her from applying for a fresh stamp.

Wishing you luck.

Cheers,

[robincook85]

Thanks Nattybone for the answers!! You Rock!!!