regarding i797

[rahul.khotkar]

Hello,
I am originally from India and had my H1B VISA approved in October 2014. Validity of i797 is August 2017. Came back to India in November 2014 and did not go for stamping since then. Can I go back to USA? If yes, in what situation, what steps do I need to take?
Please advice and suggest.

Thanks in advance.

Rahul K.

[raghvi]

Hello,
I am originally from India and had my H1B VISA approved in October 2014. Validity of i797 is August 2017. Came back to India in November 2014 and did not go for stamping since then. Can I go back to USA? If yes, in what situation, what steps do I need to take?
Please advice and suggest.

Thanks in advance.

Rahul K.

Did you never get a H1 stamping done?

First find an employer who has a job for you in US. Giev them a copy of your I797 and they should be able to file a Cap exempt H1 for you.

This is my opinion not legal advice.

[rahul.khotkar]

Did you never get a H1 stamping done?

First find an employer who has a job for you in US. Giev them a copy of your I797 and they should be able to file a Cap exempt H1 for you.

This is my opinion not legal advice.

No, I didn't get H1 stamped.

Can I continue working for the same employer, the one who is my petitioner?
In that case, still filing cap exempt H1 is required?

[raghvi]

No, I didn't get H1 stamped.

Can I continue working for the same employer, the one who is my petitioner?
In that case, still filing cap exempt H1 is required?

Yes you can. If you do you can use the same petition and to schedule an H1 visa interview.If any other employer, they need to get their petition approved first.

This is my opinion not legal advice.