Re-enter USA on H1; left USA on Jan 1, 2014 – have approved I140 and used 7.5 yrs of H1 previously

[vishal.duriseti@gmail.com]

Hello there,

 

Here is my situation.

I am currently doing a full time MBA from INSEAD in Singapore/France and am looking for jobs in USA post MBA. I lived and worked in USA for 10 years before this. I was on F1 from Aug 2004 to Oct 2006 and then on H1b from Oct 2006 to Dec 2013. I have my I140 approved with PD of Feb 2010 in EB-3 category. I quit my job on Jan 1, 2014 and moved to Singapore to do the MBA.  The last H1B stamped on my passport says it is valid till June 30, 2015.

 

In this regard, I am looking to explore what options I have to return to USA on a work visa. In specific I am trying to answer the following questions:

1.       Is my H1B still valid or is it terminate since I quit my job on Jan 1 and moved out of USA.

2.       If it is still valid, can it be transferred to my new employer?

3.       If it is terminated, what are my option to get back in to USA on a valid work visa?

4.       I have unused OPT from 2006 (I used only 2 months), can I use it now?

 

Regards,

Vishal

[jairichi]

OPT is gone. Forget that. If your I140 is still valid then an employer can file a cap exempt H1B petition and on approval you can enter US with a valid H1B visa and I797.