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Not sure how to proceed or if this is the right forum. I think this is an H1 question

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  • Not sure how to proceed or if this is the right forum. I think this is an H1 question

    I am a technology recruiter and I have a candidate who lives in India and is trying to get back to the USA. He lived and worked in the USA up until about 15 months ago when he went to visit his parents in India. Upon trying to return, the consulate asked for more information, which for whatever reason his company did not provide the information So he's been working in India for the past 15 months. He currently has an H1b visa that is good through 2013. My client wants to hire him and will provide any paperwork that is needed.

    Question: can his current H1b be transferred to the new company taking into account that he's been out of USA for 15 months.

    Our client would like to know if they're able to get him to work in USA.

    Thanks in advance for any advice or answers.

    Darrin

  • #2
    Question: can his current H1b be transferred to the new company taking into account that he's been out of USA for 15 months.
    >>> Yes.

    Our client would like to know if they're able to get him to work in USA.
    >>> Very much possible (If he hasn't completed 6 year in U.S in H1B + L1 status combined). Get a copy of his previous H1B approval notice. . File form I-129 with a copy of his previous H1B approval notice (Using the CAP from the previous petition) and request an immediate start date. If the petition gets approved, he can travel to U.S to work for the H1B sponsor using his existing valid H1B visa.
    Not a legal advice. Use of this information is strictly at your own risk.

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