No sponsor for H-1b


pankajgoyal87

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Hi,

I am on H-1B visa and due to personal issues, I will be traveling back to India and switching employer. My new employer does not sponsor visa.

  1. Can I later switch company in India and get visa sponsored in "Out of cap" to travel back to the US?
  2. Is there any timeframe within which I have to find a sponsor?
  3. Is there any case in which my current H-1b visa will be canceled or expired?

Help appreciated in advance!

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6 hours ago, pankajgoyal87 said:

Hi,

I am on H-1B visa and due to personal issues, I will be traveling back to India and switching employer. My new employer does not sponsor visa.

  1. Can I later switch company in India and get visa sponsored in "Out of cap" to travel back to the US?
  2. Is there any timeframe within which I have to find a sponsor?
  3. Is there any case in which my current H-1b visa will be canceled or expired?

Help appreciated in advance!

  1. Can I later switch company in India and get visa sponsored in "Out of cap" to travel back to the US? YES, If you have not completed 6 years on H1, then any new employer can file a new H1 out of cap to recapture remainder of 6 years.
  2. Is there any timeframe within which I have to find a sponsor? Your last H1 status should be with in 6 years as far as I know
  3. Is there any case in which my current H-1b visa will be canceled or expired? You can travel back with the same visa for same employer before it expires. After expiry you have go for stamping with an approved petition.

 

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On 8/5/2017 at 2:59 AM, Ask@Murthy said:
  1. Can I later switch company in India and get visa sponsored in "Out of cap" to travel back to the US? YES, If you have not completed 6 years on H1, then any new employer can file a new H1 out of cap to recapture remainder of 6 years.
  2. Is there any timeframe within which I have to find a sponsor? Your last H1 status should be with in 6 years as far as I know
  3. Is there any case in which my current H-1b visa will be canceled or expired? You can travel back with the same visa for same employer before it expires. After expiry you have go for stamping with an approved petition.

 

Thank you for the response.

If I am switching to a company that does not sponsor H-1B visa, but after few years I switch to another company then which sponsors the visa. Then in this case, will I be able to utilize remaining time on my current visa? In this case, there will be a gap in my visa sponsor.

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13 hours ago, pankajgoyal87 said:

Thank you for the response.

If I am switching to a company that does not sponsor H-1B visa, but after few years I switch to another company then which sponsors the visa. Then in this case, will I be able to utilize remaining time on my current visa? In this case, there will be a gap in my visa sponsor.

Valid visa is just to enter US and petition is the one which should be valid to work in US. Your new future employer has to apply a new CAP exempt H1 petition to recapture remaining years and upon approval you would go for stamping and come back to US.

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