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H1B validity after leaving USA

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  • H1B validity after leaving USA

    Here is a scenario : Let's say someone is on H1B Visa, have been on it for last 10 years due to Green Card application in process - EB3 India Date not current yet. Now you decided to leave USA and no longer have the same job at the same company anymore while there is it still has 1 year left before H1B visa expires. If after 3-5 years you decide to return to USA and work for another employer, can you work using the same H1B that you had years ago so as to not having to go through the lottery for new H1B ?

    Thank you so much!

  • #2
    Originally posted by cyberjoshi View Post
    Here is a scenario : Let's say someone is on H1B Visa, have been on it for last 10 years due to Green Card application in process - EB3 India Date not current yet. Now you decided to leave USA and no longer have the same job at the same company anymore while there is it still has 1 year left before H1B visa expires. If after 3-5 years you decide to return to USA and work for another employer, can you work using the same H1B that you had years ago so as to not having to go through the lottery for new H1B ?

    Thank you so much!
    Hi Member,

    As per my knowledge, Yes. you can use the H1B within the approval duration. if approval duration got expired then you will need to file again H1B petition with the help of I-140 Approval and get it approved then go for visa stamping then travel to the USA.

    Thanks

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