Need Advice on H1b

[treesamat]

Hi,

I travelled to US in 2012 in H4 (Dependent Visa) with my Husband.
I applied for my H1B visa in 2014 through a consultancy and got it selected in Lottery.
I got 2 offers and was about to start working in Jan 2015.
But, due to personal emergency, I travelled back to India in Feb 2015.

I am still in India and my question is:

Can I travel back to USA with a valid H1B if I can find an employer who can transfer my Visa?
My visa is valid till 2017 September but I haven't run any payroll on the same.

Please advice

Thanks!

[raghvi]

Hi,

I travelled to US in 2012 in H4 (Dependent Visa) with my Husband.
I applied for my H1B visa in 2014 through a consultancy and got it selected in Lottery.
I got 2 offers and was about to start working in Jan 2015.
But, due to personal emergency, I travelled back to India in Feb 2015.

I am still in India and my question is:

Can I travel back to USA with a valid H1B if I can find an employer who can transfer my Visa?
My visa is valid till 2017 September but I haven't run any payroll on the same.

Please advice

Thanks!

Was your H1 applied as consular process or COS? If COS was applied and you didnt get paid, that made you out of status from h1 start date.

In order to get another employer to transfer the h1, you need to provide them a copy of your previous approved I797, using which they will file a cap exempt H1 for you. The approval will result in another I797, using which you can travel to US till 2017 Sept. Post Sep 2017 you need a new visa to travel.

This is my opinion not legal advice.