H1B, out of status

[keetz]

Hi,

I resigned for my job end of April, 2014 and came back to my home country after a day. I have my visa stamp valid until 2016 (academic H1B). I am looking for jobs at other places so I can reenter the country with a new work permit. However, I have few questions while applying for jobs. Not sure what to answer. Please advise.

1. Are you currently eligible to work in the United States?
My answer is no since I am out of status. Any comments?

2. *Will you now or in future require visa sponsorship for continued employed in the USA?
Yes. Any comments?

Thanks!

[raghvi]

Hi,

I resigned for my job end of April, 2014 and came back to my home country after a day. I have my visa stamp valid until 2016 (academic H1B). I am looking for jobs at other places so I can reenter the country with a new work permit. However, I have few questions while applying for jobs. Not sure what to answer. Please advise.

1. Are you currently eligible to work in the United States?
My answer is no since I am out of status. Any comments?

2. *Will you now or in future require visa sponsorship for continued employed in the USA?
Yes. Any comments?

Thanks!

1. Out of status is only while one in US. If you are outside US you cannot be out of status. I think you should answer Yes.
2. Yes.

As your is academic H1, the future employer should also be a non profit institution of higher education (or its affiliated or related nonprofit entities), a nonprofit research organization, or a government research organization.

If you want to move to a for profit organization you would have to be part of fresh H1 cap and that cap will open again only in April 2015 with a start date of Oct 2015.

This is my opinion not legal advice.