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  • H1-B Validity

    Hi,
    Greetings!! I worked in USA for almost 1 year and came back to India due to recession in USA.My employer promised me of calling back once they found a suitable client but it almost an year till now that they are just asking me to wait.Now I have an offer in India and that Indian company is asking for my relieving and experience letter from my earlier H1-B holding company.When I discussed this situation with my H1-B holding company, they said that they are going to give the relieving and experience letters and suggested me to work in that Indian company till they find a suiable client in US and once they find, I can immediately fly to US after resigning from the Indian company.
    My clear question to the panel is,
    1. Will my H1-B visa still be valid once I get my relieving and experience letter from my H1-B holding company??
    2. If it is valid, is it legal to again join the H1-B holding company after my initial resignation to get my relieving and experience letter to join this Indian Company ??

    I appreciate if any one could understand the above situation and answer my question at the earliest.Thank you once again..

  • #2
    1. Will my H1-B visa still be valid once I get my relieving and experience letter from my H1-B holding company??
    2. If it is valid, is it legal to again join the H1-B holding company after my initial resignation to get my relieving and experience letter to join this Indian Company ??

    --Your petition remains valid unless and until employer revokes it.
    --If you wish to re-join employer, you need enough documents to prove that position with that employer is still open e.g. fresh offer letter, client contract, etc.
    I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

    Comment


    • #3
      Thnks a ton for your immediate reply..To highlight few more things on my previous post, the H1-B holding company said that they wont revoke the
      H1-B visa and infact, they too are trying to place me now..And also, when I asked the question to them regarding if I get the relieving and experience letter, wont my H1-b get cancelled, they said that we will give a dummy(like) relieving and experience letters for just to show & join in your Indian company which holds no value in your Indian company...Just wanted to know from you for my satisfaction about the previous sentence, in case, if they provide me a dummy relieving and experience letters, will it at any point hamper my H1-B status or will it be difficult to go back to US after getting mapped to a client, resigning from my current Indian company?? This is the last query I wanted to ask and trust you will guide me on this as my previous post..Thank you once again

      Comment


      • #4
        I don't see any issues. What it says on the letter is irrelevant and is between you and the company. If the company sends a revoke letter to USCIS, that is when the ability to work for that company in particular will be terminated. This does not mean the H1b cannot be transfered. You can very well take it to another company and they process a H1b for you.

        You need to read the FAQs and some more time spent on the forums reading posts will be helpful.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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