H1-B Transfer Query!

[shinujack]

Hi

From the last 3 months I am in USA on H1-B visa but now for some personal reasons I will be going back to India.I am planning to join other company which doesn’t have US clients so they will not be transferring my H1-B.

Just want to check, if I leave my current company and go back to india my H1-B will be cancelled or not?

If I join a company after some time which has US clients and are ready to transfer my H1-B then I have to go through the H1 process again or I can use the same visa?

Thanks

[raghvi]

Hi

From the last 3 months I am in USA on H1-B visa but now for some personal reasons I will be going back to India.I am planning to join other company which doesn’t have US clients so they will not be transferring my H1-B.

Just want to check, if I leave my current company and go back to india my H1-B will be cancelled or not?

If I join a company after some time which has US clients and are ready to transfer my H1-B then I have to go through the H1 process again or I can use the same visa?

Thanks

You can use the visa as long as its valid, but understand that merely visa is not enough an accompanying approved H1 petition is also required. The future employer has to file their own petition and if approved you can use the I797 of that company to travel on the existing valid visa.

This is my opinion not legal advice.