My situation is that my employer filed for my H1b which was effective from Oct 2008 and valid till 9/5/2011 after which H1B could be extended for further 3 years. However, I was laid off on August 18 2009 and then I left US on Oct 31 2009. I have a B1/B2 visa (valid till Aug 2020) and trying to be back in US on B1/B2 visa and find a job.
The question what I am really concerned about is:
1. When companies ask me what is my visa status, can I reply " I have H1b which is valid till 9/5/2011 (which is Sep 2011)? Does it mean that anyday my h1b is filed by the employer I can start working straight away and do not need to wait till Oct 1st for the H1b to be effective and hence start work?"
b. Further, I will not be subjected to H1b cap irrespective of whether I
have a job in 2011 though I left US on Oct 31 2009?
c. 3 years on my h1b would have been exhausted if I had worked
continuously from Oct 2009 till Sep 2011. As I stopped working in Aug 2009 and left US in Oct 2009, is the validity of H1b adjusted and extended beyond Sep 2011 ?
2. Another question I have is that if I visit US on B1/B2 and then after I
have a job get H1b, will B1/B2 be canceled and become invalid to be used
anytime in future? For example, my status changes to H1b in Sep 2010 out then I leave US in 2012. Will I be able to re-visit US on my current B1/B2 visa, which is issued to me in Sep 2010 ( valid for 10 years) in 2012 OR will I have to reapply for B1/B2 again?
Thanks
The question what I am really concerned about is:
1. When companies ask me what is my visa status, can I reply " I have H1b which is valid till 9/5/2011 (which is Sep 2011)? Does it mean that anyday my h1b is filed by the employer I can start working straight away and do not need to wait till Oct 1st for the H1b to be effective and hence start work?"
b. Further, I will not be subjected to H1b cap irrespective of whether I
have a job in 2011 though I left US on Oct 31 2009?
c. 3 years on my h1b would have been exhausted if I had worked
continuously from Oct 2009 till Sep 2011. As I stopped working in Aug 2009 and left US in Oct 2009, is the validity of H1b adjusted and extended beyond Sep 2011 ?
2. Another question I have is that if I visit US on B1/B2 and then after I
have a job get H1b, will B1/B2 be canceled and become invalid to be used
anytime in future? For example, my status changes to H1b in Sep 2010 out then I leave US in 2012. Will I be able to re-visit US on my current B1/B2 visa, which is issued to me in Sep 2010 ( valid for 10 years) in 2012 OR will I have to reapply for B1/B2 again?
Thanks
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