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Out of US for 1 year / Transfer H1 when out of US

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  • Out of US for 1 year / Transfer H1 when out of US

    Hi,

    I got my H1B visa in 2007 from consultancy "X" and entered US in January 2008. I worked in US till December 2008 and after that I lost my job. I was without a job in US till May 2009. I got a contract job in another country and came here in May 2009. I have my H1B visa on Company "X" till Sep. 2010.

    Now my questions are

    (1) Can I transfer my H1 to another consultancy "Y" when I am out of USA? If yes, can I am come back to USA, on the Visa from previous consultancy "X" or do I need to again go for interview and get it stamped for consultancy "Y"?

    (2) How long can I stay out of US? If I stay till next may, it will be 1 year complete out of US. Is there any thing like, if You are out of US for 1 complete year, you are eligible for a FRESH 6 YEAR H1B CAP... if so, do we need to again rea pply for H1 and visa??

    Please clarify my doubts as I am seriously looking on when to come back to US.

  • #2
    (1) Can I transfer my H1 to another consultancy "Y" when I am out of USA?
    >>>> Yes.

    If yes, can I am come back to USA, on the Visa from previous consultancy "X"
    >>>>> Yes

    or do I need to again go for interview and get it stamped for consultancy "Y"?
    >>>>> No need. Read the FAQ in immihelp.

    (2) How long can I stay out of US?
    >>>>> As long as you wish.

    If I stay till next may, it will be 1 year complete out of US. Is there any thing like, if You are out of US for 1 complete year, you are eligible for a FRESH 6 YEAR H1B CAP...
    >>>>> Yes.

    if so, do we need to again rea pply for H1 and visa??
    >>>>> You will get a fresh 6 year period only if you apply H1B petition (No transfer) after staying out for 1 year. No need for a new H1B visa, if you already have one valid in your passport.
    Not a legal advice. Use of this information is strictly at your own risk.

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