While on H1 came back to India. It's been 3 years. Can I go back on my h1 again?

[shaan1]

Dear Friends,

I got my h1 approved in 2010 and It is valid till 2013. In 2011 unfortunately , I had to move back to India due to some reasons and I am in India till date. Is my H1 still valid? Can I go to visa stamping if I have a client letter ? Please can you help me out with my situation. Is there any possibility to use my H1 as I just worked for 1year while on H1.

[raghvi]

Dear Friends,

I got my h1 approved in 2010 and It is valid till 2013. In 2011 unfortunately , I had to move back to India due to some reasons and I am in India till date. Is my H1 still valid? Can I go to visa stamping if I have a client letter ? Please can you help me out with my situation. Is there any possibility to use my H1 as I just worked for 1year while on H1.

Even before client letter you would need a new I797 with validity dates beyond your intended date of employment. Ask your employer for filing a cap exempt I129. Once that is approved, you can use the new I797 to schedule a visa stamping interview and once you get the new visa stamp, you can enter the US and work.

This is my opinion not legal advice.

[shaan1]

Even before client letter you would need a new I797 with validity dates beyond your intended date of employment. Ask your employer for filing a cap exempt I129. Once that is approved, you can use the new I797 to schedule a visa stamping interview and once you get the new visa stamp, you can enter the US and work.

This is my opinion not legal advice.

Thank you very much for the reply. Does the employeer need to be the same one? or can we do it with the new employeer too?

[raghvi]

Thank you very much for the reply. Does the employeer need to be the same one? or can we do it with the new employeer too?

Any employer having a H1 position can sponsor.

This is my opinion not legal advice.