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validity of H1-B.

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  • validity of H1-B.

    Hi,

    i have a scenario in front of me.
    while i was working with organization X, my H1-B visa was filed and was approved by USCIS, though it was never stamped.
    the validity is from may, 2008 till may, 2011.
    i left the organization few months back and currently pursuing higher studies.

    1] now when i pass out in april 2011, if i join the the same company, whether my visa will still be valid by that time?
    2] and if yes, then can the organization extend it for further 3 years?
    3] what if i do not join the same organization, will the visa be invalid after may, 2011?
    4] if i join some other organization, can that organization purchase the visa, if needed and what are conditions for it,etc?

    kindly throw some light on this. it would be helpful for me in taking the future decisions.

    kind regards,
    ak

  • #2
    1] now when i pass out in april 2011, if i join the the same company, whether my visa will still be valid by that time?
    >>>> What visa? Didn't you say that you did not get it stamped? Your petition will be valid till May 2011.

    2] and if yes, then can the organization extend it for further 3 years?
    >>>> Yes.

    3] what if i do not join the same organization, will the visa be invalid after may, 2011?
    >>>> You are getting confused over Visa and petition. Visa is one that you get stamped by attending a visa interview in a consulate outside U.S (Visa is just a entry document to U.S). Petition is one that your employer files and gets approved in USCIS. If you are not interested in working for the same company, then you can apply for a transfer to a different company with a copy of the existing approval notice.

    4] if i join some other organization, can that organization purchase the visa, if needed and what are conditions for it,etc?
    >>>> This question makes no sense. There is no such thing as purchasing a visa. If your transfer to a new company gets approved with COS, you can continue to work in U.S till the expiry date of the new I-94 (If you leave the country inbetween for vacation or any such reason, you need to get your visa stamped to re-enter U.S). If the approval notice doesn't come with a new I-94, then you need to get the H1B visa stamped from a U.S consulate first before start working on H1B.
    Not a legal advice. Use of this information is strictly at your own risk.

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