Moving back to US on existing H1B

[AmanK29]

Hello folks -

Does anyone have experience or know someone with experience in moving back to the US after a stint outside the US?

Context -
I was on H1-B in the US and only used about 2 years of my H1-B time and later moved to a different country for 2.5 years. In the meantime the original employer who sponsored the visa withdrew the visa as required by law and USCIS case tracker shows it as revoked. I do not have H1B stamped on my passport.

I am looking for jobs in US now and was wondering

1. If I can use the same H1-B to move back with a new approval notice for a new employer?
2. Can I go back to the US with a new employer or only the original employer petitioner can take care of this scenario?
3. Will I have to go through the H1-B lottery again?
4. Can the H1-B be reinstated?
5. Are there any other caveats to think about?
6. Should I explore other options?

 

[Ponga]

May not be at all helpful, but have you seen this:
https://www.boundless.com/immigration-resources/the-h-1b-visa-explained/

If you are on an H-1B visa and lose your job due to layoffs or an economic downturn in the United States, you will immediately fall “out of status.” However, there is a 60-day grace period from the time you were terminated until you’re required to return to your home country. Additionally, H-1B workers may be able to switch employers without losing their visa status under certain conditions. Learn about what to do if you lose your job while on a work visa.

More, here:
https://www.boundless.com/immigration-resources/losing-job-on-work-visa/

When an employer lays off an employee, the employer is generally required to file a withdrawal of the original work visa [which you state that they did] petition with U.S. Citizenship and Immigration Services (USCIS), which will alert government officials that the visa holder is now out of status. Although in this instance you are considered out of status, it doesn’t necessarily mean you will need to immediately leave the U.S. or that you risk deportation right away.

The Grace Period

If sponsored employment is lost, such as being laid off, there is generally a 60-day grace period for work visa holders to find a new job before they have to leave the country. There tends to be confusion around when the 60-day grace period starts. According to USCIS guidelines, the 60 day window is typically counted from the last day you performed actual work, rather than the last time you were paid. Most immigrant workers who are laid off choose to remain in the U.S. during this 60-day window (or until their I-94 expiration date, whichever comes first) while they seek other employment.

Good luck!

 

[justinline]

Hello folks -

Does anyone have experience or know someone with experience in moving back to the US after a stint outside the US?

Context -
I was on H1-B in the US and only used about 2 years of my H1-B time and later moved to a different country for 2.5 years. In the meantime the original employer who sponsored the visa withdrew the visa as required by law and USCIS case tracker shows it as revoked. I do not have H1B stamped on my passport.

I am looking for jobs in US now and was wondering

1. If I can use the same H1-B to move back with a new approval notice for a new employer?
2. Can I go back to the US with a new employer or only the original employer petitioner can take care of this scenario?
3. Will I have to go through the H1-B lottery again?
4. Can the H1-B be reinstated?
5. Are there any other caveats to think about?
6. Should I explore other options?

1. If I can use the same H1-B to move back with a new approval notice for a new employer? Yes but you have to go for new stamping.
2. Can I go back to the US with a new employer or only the original employer petitioner can take care of this scenario? Same employer or new employer, need new peitition and new stamping.
3. Will I have to go through the H1-B lottery again? No, you have 4 years to claim.
4. Can the H1-B be reinstated? Not sure what you mean by reinstated, you left the employer and employer already informed the USCIS.
5. Are there any other caveats to think about? There is always something to think about........
6. Should I explore other options? Very few options for work visa......H1b, TN or O1, in some case J1

 

[AmanK29]

1. If I can use the same H1-B to move back with a new approval notice for a new employer? Yes but you have to go for new stamping.
2. Can I go back to the US with a new employer or only the original employer petitioner can take care of this scenario? Same employer or new employer, need new peitition and new stamping.
3. Will I have to go through the H1-B lottery again? No, you have 4 years to claim.
4. Can the H1-B be reinstated? Not sure what you mean by reinstated, you left the employer and employer already informed the USCIS.
5. Are there any other caveats to think about? There is always something to think about........
6. Should I explore other options? Very few options for work visa......H1b, TN or O1, in some case J1

thank you! Do you know if there is a difference between H1B being reinstated or transferred? I was talking to one of the potential employer and they mentioned that since my H1B has been withdrawn/revoked, this has to reinstated and can't be transferred. It really sounded odd to me

 

[wink]

thank you! Do you know if there is a difference between H1B being reinstated or transferred? I was talking to one of the potential employer and they mentioned that since my H1B has been withdrawn/revoked, this has to reinstated and can't be transferred. It really sounded odd to me

There is nothing like that... you are cap-exempted.... don't use the words reinstated and transferred... Your new employer need to file a petition (I-129), but you are cap-exempted and should be able to use the remaining time on the H1B.