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Raushan

unemployed more than 100 days at H1B while out side of USA

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Hi! Well I’m thinking to go home country back Home sometime next month for some family issues.
As you know that in this hard time of COVID-19 let’s say my company lay off me while I’m in home country and unemployed more than 100 days and get job offer from new company.
Can I again apply for H1B transfer with new company and start to work at application filed?
and can i travel black to USA with Same H1B ?

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When you are abroad you are by definition not in any status.

A new employer can file an H1 petition for you, and when it is approved you can travel to the US on the existing valid visa with a copy of the new approval notice. You can not travel while the new H1 is pending.

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Your new employer will need to file and get an H1 petition approved. If you already have a valid visa stamp, you can use that visa and the new H1 petition to return.

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If you are inside USA you need new petition within end of I94 or 60 days. If you are outside USA you can apply new petition whenever you want. But once lay-off employer as per law will revoke H1B at that time it is not transfer. It is new petition outside lottery.

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