Urgent Help Needed regarding H-1

[akki123]

Hello Guys

I have some questions which I am finding answers but not getting any help.

First of all let me tell you my story.

Dec. 2007 I landed in US and joined Employer X as an employee.

Than in Apr 2008 I got my H1 transfer and Joied Employer Y as an employee.

Unfortunately because of some family issues I had to immidiatly leave for India in end of june 2008.

Till than I am in India. Now everything is settle here in India and I want to go back to US. My VISA is valid till SEP 2010.

So can anybody tell me how can I go back? Do I need to do H-1 transfer? Please guide as this is very very very important for my life.

Thank you!

[rakeshreddy]

Do you still have sponsorship from Employer Y? If you still have sponsorship, you can go U.S. with your visa.

[akki123]

Yes I believe he has not canceled sponsership but he is not providing me my I-797 back. Is it possible that i get transfer H-1 to another employer Z on basis of I-797 I have from employer-X ?

[rakeshreddy]

It is not possible to transfer from employer x to employer z from India. You need to file new h1 sponsorship from employer z. Do you still have sponsorship from employer x. If you have sponsorship from employer x, go to U.S. and transfer to employer z after getting couple of paystubs from employer x.

[npriyadarshi]

travelling back to US

You need to talk to both X and Y as you can work for any of them as long as they have not cancelled your H1. However, before travel you will need supporting docs so you must have to talk and find out if you can come back to them.
if not, you can always find a new company Z who can transfer ( which is same as sponsor new) H1B for you.

Neel