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Dear All,
I have an approved H1B Visa extension petition (with I-797) from 2009 which was valid from Nov 1, 2009 till Oct 31, 2012. However, I quit the company that filed my petition in July 2009 and moved back to India the next month without getting a new H1B visa stamp (for Nov 1, 2009 till Oct 31, 2012). Since then, I have not used the 3 year approved H1B time to work in the US.
Now, I have a new employer in the US which wants to file a fresh petition (Quota exempt) based on the previous H1B extension approval. I know that while they can file this petition in the US, how quickly can I work with them in the US? Can I enter the US on my B1/B2 visa (which is valid) as soon as the new employer files this petition and start working with them? Or do I have to wait for the petition to be approved and get an H1B stamp in India first, before starting work with the new employer? If so, how much time will that take?
Also, I want to move to the US with my spouse who has never been to the US and doesn't have any US visa stamp currently. What is the quickest way for me to enter the US with her? H4 (Dependent) visa or should she apply for a B1/B2 visa?
Hoping for a quick reply.
I have an approved H1B Visa extension petition (with I-797) from 2009 which was valid from Nov 1, 2009 till Oct 31, 2012. However, I quit the company that filed my petition in July 2009 and moved back to India the next month without getting a new H1B visa stamp (for Nov 1, 2009 till Oct 31, 2012). Since then, I have not used the 3 year approved H1B time to work in the US.
Now, I have a new employer in the US which wants to file a fresh petition (Quota exempt) based on the previous H1B extension approval. I know that while they can file this petition in the US, how quickly can I work with them in the US? Can I enter the US on my B1/B2 visa (which is valid) as soon as the new employer files this petition and start working with them? Or do I have to wait for the petition to be approved and get an H1B stamp in India first, before starting work with the new employer? If so, how much time will that take?
Also, I want to move to the US with my spouse who has never been to the US and doesn't have any US visa stamp currently. What is the quickest way for me to enter the US with her? H4 (Dependent) visa or should she apply for a B1/B2 visa?
Hoping for a quick reply.
