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  • H1B Transfer after going to India

    Hello,

    I am currently in US on H1B, petition valid till September 2016 and it was approved in Oct 2013. Because of some problems, I am planning to go back to India. I want to come back to US later point of time. Can I use this petition to come back to US from different employer after it get expired.

    Thanks,
    Raj

  • #2
    You cannot use one employer's approval notice to return back to work for a different employer. The new employer will need to file a transfer and once the transfer gets approved, you can travel using the new employer's petition. You will need a valid H1B visa to return.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      I want to re-frame my question.
      1. Working in US for employer 'A' H1B petition valid untill Sep 2016.
      2.I want to go back to India and come back to US later point of time.
      3.I may come back to US from same employer 'A' or different employer 'B'
      4.In case of same employer 'A' they can extend my petition (as per my understanding).
      5. In case of employer 'B', they have to file H1B transfer.

      Here are my questions
      1.Is it possible to file H1B transfer after my petition gets expired i.e., Sep 2016.
      2.Is there any time bound to file H1B transfer after my current petition expired.
      3.Do I comes under cap limit for H1B transfer.

      Comment


      • #4
        1.Is it possible to file H1B transfer after my petition gets expired i.e., Sep 2016.
        >>> Possible.

        2.Is there any time bound to file H1B transfer after my current petition expired.
        >>> H1B CAP is valid for 6 years, You can file a transfer anytime before the CAP expires.

        3.Do I comes under cap limit for H1B transfer.
        >>> No. CAP from your existing H1B approval notice can be used to file the transfer.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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