H1B validity

[vij123456]

Hi,

I am on my H1 in USA from nov' 2007. I did a H1 transfer in oct' 2008. My H1B is valid till sep 2010 as per passport. This is my first H1. By this month end , I am leaving to India for personal reasons. My company is not going to revoke my H1B.

In this case, I have some question on what are my options if i decide to come back later to USA

1) I have 1 year and 3 months remaining in my H1B. Can I use it and comeback some time in the future. If so, is there a deadline date by which I need to comeback after which my H1 visa automatically expires?

2) I know there needs to be a job in USA for me to comeback. But, should the job be with the same company that I hold H1B or can I apply for a H1 transfer from india after 6 months and come through a different company?

3) Also, the company from which I got H1b initially has not revoked my H1 either. Is it possible for me to come through that H1B if they get a job here?

Thanks in advance

[contact 01]

am on my H1 in USA from nov' 2007. I did a H1 transfer in oct' 2008. My H1B is valid till sep 2010 as per passport. This is my first H1. By this month end , I am leaving to India for personal reasons. My company is not going to revoke my H1B.

In this case, I have some question on what are my options if i decide to come back later to USA

1) I have 1 year and 3 months remaining in my H1B. Can I use it and comeback some time in the future. If so, is there a deadline date by which I need to comeback after which my H1 visa automatically expires?

There is no deadline for it. You can come back to USA to the same employer after 7 or 8 months also with old valid visa stamping provided you have current emoployment offer letter from the employer.


2) I know there needs to be a job in USA for me to comeback. But, should the job be with the same company that I hold H1B or can I apply for a H1 transfer from india after 6 months and come through a different company?

It cannot be a H-1b transfer instead it will be a new H-1B petition under a non cap case filed by the new employer. Once it is approved you can enter US with your current H-1B approval notice along with old visa if it has validity period at the time of entering US without going for H-1b stamping once again.

3) Also, the company from which I got H1b initially has not revoked my H1 either. Is it possible for me to come through that H1B if they get a job here?

Yes you can come to US through same employer with current employment offer letter also with old visa stamping if it has a validity period.

Note: This is not a legal advice, please consult an attorney