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F1 - I129 - H1 (same employer) need assistance

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  • F1 - I129 - H1 (same employer) need assistance

    I was in USA on my F1 visa for 4 years from 2006 to 2010, After about 6 months of my H1 approval, ie., obtaining the I129, I moved to my home country for family reasons & got married, thus never have a H1 stamping on my passport.
    Now my previous employer is ready to hire me back, thus I require counsel on how to proceed with Visa requirements.
    1. Can they freshly apply my H1 Visa, I being in India ?
    2. As my current employer being the same petitioner for H1, does it goes for some special application ?
    3. Do I go for a B1 visa, join them, & apply H1 after I reach to USA?
    4. Any better option ?

    Please guide !

  • #2
    1. Can they freshly apply my H1 Visa, I being in India ?
    >>> Yes. If that previous petition filed by that employer is still valid (hasn't expired or revoked by the employer), then you can use the same to get the visa stamped. You will need the latest employment verification letter / client letter (if you will be working at the client place) for stamping.

    2. As my current employer being the same petitioner for H1, does it goes for some special application ?
    >>> No. Read the previous answer.

    3. Do I go for a B1 visa, join them, & apply H1 after I reach to USA?
    >>> That is pure illegal to do that.
    Not a legal advice. Use of this information is strictly at your own risk.

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