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Renewal of expired out-of-status H1b visa by new sponsor

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  • Renewal of expired out-of-status H1b visa by new sponsor

    I quite my job in Nov 2020 and moved to India to help my family due to covid situation. I was on my OPT and just before quitting, my form I-129 was approved and I got the h1b visa from 10/01/20 to 09/02/23. Also, I did not get my passport stamped after returning to India.

    Now, I'm going to start job hunting from India. I'd greatful if someone here can help me with a couple of questions or point me in the right direction:

    1. If I start looking for jobs in US, would the new employer/sponsor be able to renew my h1b?
    2. Would I be at major disadvantage as good as not having a visa when applying for jobs in US?
    3. Is there a way for me to get a job in US from India given my current visa complications?

    Thanks,
    God bless you

  • #2
    Hi,
    Please see my response below.
    1. If I start looking for jobs in US, would the new employer/sponsor be able to renew my h1b?
    Answer: Yes.. Once your new Employer ready to offer Employment, they can file another H1B petition which is not come under CAP.
    2. Would I be at major disadvantage as good as not having a visa when applying for jobs in US?
    Answer: I hope, it will not be an issue. Once you get H1B Approval with new Job opportunity, you will need to go for visa stamping with new petition documents.
    3. Is there a way for me to get a job in US from India given my current visa complications?
    Answer: Yes. Since you had H1B Approval already, once you get new opportunity you can file another H1B petition.
    Thanks

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