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  • H1-B re-entry after 1 year break

    Dear Friend,

    Thank you in advance to read the below circumstance and replying. I really appreciate your help. Any professional help is very welcome.

    Background:
    I used to work in NY/US for 4 years on H1-B visa.
    My visa is valid until Aug, 2016 as on Passport.
    In 2014, I quit my job at the company that sponsored my Visa. They might have void my VISA (not sure).
    I was India for one year for personal reasons, so not on any US company payroll.
    I want to get back to work.


    Questions:
    Is my H1-B still valid ?
    Can I transfer the visa to a new company ?
    How many years are valid on my visa ?

    Thank you again for your help.

    Best
    Raj

  • #2
    Is my H1-B still valid ?
    >>> Only your employer can answer that question. Check with them to see if they have revoked the petition or not. Even if the petition is revoked, the CAP from that petition will still bee valid, so that you can find a new employer and file a H1B petition that is not subjected to a new CAP.

    Can I transfer the visa to a new company ?
    >>> Petition can be transferred, not the visa. Visa will be in your passport.

    How many years are valid on my visa ?
    >>> Visa will be valid until its expiry date printed in your passport. One H1B CAP is valid for 6 years. If you have already used 4 years in H1B (H1B + L1 combined), then you have 2 more years left.
    Not a legal advice. Use of this information is strictly at your own risk.

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