I got H1B in 2010 but quit my job in 2011 and left US. Can I go back now?

[user3127]

Hi

Thanks for any help.

I'm a Korean citizen.

In 2010, a company sponsored me for H1B and I was working for them in NY.

In 2011, while I was vacationing out of US, some things (family related) happened, I decided to take time away from work and resigned while I was away.

A couple of months later, I realized I haven't submitted I-94 so I mailed it to DHS - CBP SBU
I haven't entered US since.

I have 2 questions.

1. Now I live in Canada. I want to start interviewing again in NY. Can I visit US on my B1/B2 visa for my interviews? And If I get an offer, is my previous H1B still valid? Or do I need to apply for a new H1B? If my previous H1B is still useful, do I need to contact my previous employer and ask if they still have some paperwork related to my file?

2. .Can I visit US on my B1/2 visa (had gotten them before I got H1B, still valid) for shopping ?

[Nattybone]

Hello,

I am not a professional. Here are my personal thoughts:

1) I think you should be able to visit US on B1/B2 which was issued prior to H1B. On your last trip, you did not turn in your I-94, please carry a proof that you left the country. Your passport will have a stamp of leaving the country. If you have Boarding Pass, these things will come in handy. Do mention that you mailed your I94. I think that they will be questioning you at the Port of Entry but since you left and did not overstay, it should not be a problem.

If you tell the officer at the Port of Entry (US) that your intent of visit is to hunt for jobs, you might be turned away.

2) Your H1B is still valid. You will need a new sponsor and the old H1B can be recaptured.

I am not a professional, these are personal thoughts. Hope this helps.

Cheers,

Hi

Thanks for any help.

I'm a Korean citizen.

In 2010, a company sponsored me for H1B and I was working for them in NY.

In 2011, while I was vacationing out of US, some things (family related) happened, I decided to take time away from work and resigned while I was away.

A couple of months later, I realized I haven't submitted I-94 so I mailed it to DHS - CBP SBU
I haven't entered US since.

I have 2 questions.

1. Now I live in Canada. I want to start interviewing again in NY. Can I visit US on my B1/B2 visa for my interviews? And If I get an offer, is my previous H1B still valid? Or do I need to apply for a new H1B? If my previous H1B is still useful, do I need to contact my previous employer and ask if they still have some paperwork related to my file?

2. .Can I visit US on my B1/2 visa (had gotten them before I got H1B, still valid) for shopping ?

- - - Updated - - -

At the port of entry, if you say you are entering to look for jobs, they will not like it and might send you back. So, please be careful about what you say at the time of entry. You can say, you are on holiday.

Personal Opinion.

Hope this helps.

Cheers,

Hello,

I am not a professional. Here are my personal thoughts:

1) I think you should be able to visit US on B1/B2 which was issued prior to H1B. On your last trip, you did not turn in your I-94, please carry a proof that you left the country. Your passport will have a stamp of leaving the country. If you have Boarding Pass, these things will come in handy. Do mention that you mailed your I94. I think that they will be questioning you at the Port of Entry but since you left and did not overstay, it should not be a problem.

If you tell the officer at the Port of Entry (US) that your intent of visit is to hunt for jobs, you might be turned away.

2) Your H1B is still valid. You will need a new sponsor and the old H1B can be recaptured.

I am not a professional, these are personal thoughts. Hope this helps.

Cheers,