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Return to the US on H1-B after quitting job and leaving the country

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  • Return to the US on H1-B after quitting job and leaving the country

    Hello guys,
    I have a quick question and I wonder if anyone of you have been in a similar situation or know of someone who has.
    I've been working in the US on H1-B since 2012. I was in my 1st 3 years, which will end in Sept of this year (2015). Last summer I quit my job and left the country for personal reasons. Now things have changed and I would like to go back and work in the US, but not necessarily for the same employer. So I started job searching while I'm overseas, but finding a job online doesn't seem to be as easy as when you're physically in the US, since some employers require face to face interviews. My question is as follows:

    Can I go back to the US and enter the country with the H1 visa stamped on my passport to do my job search from there? I remember when I entered the US with H1 visa, the immigration officer didn't really look at the I-797 or ask me any questions. And I still have my I-797 on me anyway. I know it might be suspended by my employer/USCIS on their system somehow. But I wonder if anyone tried that before?

    Last edited by msalem; 03-05-2015, 07:19 PM.

  • #2
    Based on what you said, you cannot enter the US. Once you quit the job, you are out-of-status even if you 797 states otherwise. The date on the 797 is dependent as long as you work for the petitioner. The employer may have noted to USCIS of your termination which will then nullify your H1 b application. So the moment you land, the immigration officer will be aware that you are out-of-status and send you back. This can also adversely affect you with a ban for a certain period of time.