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h1b to f2 (one year in India) to h1b

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  • h1b to f2 (one year in India) to h1b

    I worked on h1b from oct 2006 to oct 2008 and then quit job. I filed for f2 to stay in status. Subsequently, I came back to India and got F2 stamped on my passport. Now it is going to be 1 year in two months since the time i left job and I am thinking of going back to h1b with the same or a new employer. My question is as follows;

    1. Can I go back to the same h1b (I mean, would it be a h1b transfer)?
    2. What happens if I get the job later than 1 year from leaving the old job?

    Your help/suggestions/comments would be highly appreciated

    Thanks
    Anu

  • #2
    You can, only if the same job still exists which is highly unlikely as you left it an year ago. So if you do use the old H1 visa to re-enter, prepare for some extra scrutiny at the PoE.

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