Can I use my previous H-1B when looking for a job?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I use my previous H-1B when looking for a job?
After I got my PhD in the US, I worked in a company with OPT for 10 months and H-1B for 1 year and 4 months. Then I stayed outside of the US for 1 year and 9 months. Then I came back for another degree under F1 for 2 years. School said I would not have OPT anymore. Can I use my previous H-1B when I find a job? Or I have to apply for a new H-1B under cap starting 10/1 every year? If I can use my previous H1B, is it a reapply or a transfer? Do I just have the remaining time, 4 years and 8 months?
Asked on July 5, 2012 under Immigration Law, Indiana
Answers:
SB, Member, California / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You can have a new employer file for a new H-1B that is NOT subject to the annual H-1B quota since you have already been in H-1B status within 6 years. In that sense, you can have a new employer file a petition on your behalf at any point during the fiscal year when they offer you a job and agree to petition for you. It would not be a transfer sicne you are not currently in H-1B status. Therefore, you would need to wait until the H-1B visa petition is approved and only then would you be able to start working for that employer.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Immigration is one of those complex specialties under the law and it really would be best for you to speak directly wuith an immigrtion attorney as to the ins and outs of your particular situation. But you need to understand this: individuals are not able to apply for an H1B visa to allow them to work in the US. The employer must petition for entry of the employee. So you can not renew your visa; the employer must. OPnce you weer terminated your status became changed. You may wish to apply for a B2 or B1 visa while looking for a new job. Then your new employer can apply for your H-1B status. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.