Visa validity related query

[Rashmi1105]

Hello,

My H1b was approved for 3 years in July 2014 and I arrived in the US in Oct 2014.

However due to some unavoidable circumstances I need to quit my job and head back to India.

I have a few questions:
1. Since I will only be using up about 10 months of the 3 year quota, can I utilize the remaining 2+ years at a later date?
2. Can I return to the US on the same H1B visa if I find another employer who is willing to transfer the Visa?
3. If the above 2 are possible, within what period do I have to return to the US with a new job?
4. Does the Visa expire even if I haven't used up the quota based on the validity date mentioned on the Visa?
5. Would I have to apply with a fresh petition & go through the usual lottery system if the Visa does have an expiry date?

Thanks,
Rashmi

[speedracer]

1. You can utilize unused time on your earlier H1B
2. You can return to US on same H1B, your new employer has to transfer it which is pretty straightforward. You will have to go through an interview+stamping....blah blah.
3. The maximum validity of a H1B is 6 years from the date of issue. Does not matter how many days, months, years have been used.
4. Answer to question 4 is the same as question 3.
5. You dont go through a lottery if you are using an old visa that has not expired yet. If your company applies for a fresh visa, you are back to square one.

Hope this helps.

[shervin143]

1. Since I will only be using up about 10 months of the 3 year quota, can I utilize the remaining 2+ years at a later date?
>>> H1B CAP once secured is valid for 6 years. You can utilize 6 years - minus whatever time that you have already spent in U.S in H1B + L1 status anytime within the 6 years period.

2. Can I return to the US on the same H1B visa if I find another employer who is willing to transfer the Visa?
>>> Yes. The H1B petition need to be transferred. However, the H1B visa in the passport can be used to travel (if it is valid on the date of travel) to U.S along with the new employer's petition.

3. If the above 2 are possible, within what period do I have to return to the US with a new job?
>>> Anytime within 6 years from the date of approval of your first CAP counted H1B approval.

4. Does the Visa expire even if I haven't used up the quota based on the validity date mentioned on the Visa?
>>> Visa will expire on the expiry date mentioned whether you use it or not. Visa is only an entry document to U.S. If a new employer transfers your H1B petition post the current validity, then you will have to apply for the H1B visa again at the U.S consulate.

5. Would I have to apply with a fresh petition & go through the usual lottery system if the Visa does have an expiry date?
>>> You don't need to go through quota again for 6 years. Visa validity has nothing to do with H1B quota.