H1 valid till 2013 am back in India since 6 mths and need to go back.

[Visaseekerdec2010]

Hi,

I have my H1 visa valid till Apr 2013, I came back to India due to some family reasons in Sep 2011....Can i still do an H1 transfer and can the new Employer apply for an extension???? Will I be out of status since I am in India since Sep2011....

OR Should i wait for the H1 to getover in Apr 2013..with a 1 yr gap and then apply for a fresh h1?

Regards,

Visaseeker...

[redgreenbluee]

please consult a lawyer.

when you are outside the US, there is no status, status only applies when you are in the US so you can never be out of status.

if you find an employer, they can petition your H1 and you can return to US and work for your employer once all the paperwork is done.

by 9/2012, you will be outside the US for at least 1 year, you can apply H1 subject to cap and be eligible to get a new (fresh) 6-year H1.

Hi,

I have my H1 visa valid till Apr 2013, I came back to India due to some family reasons in Sep 2011....Can i still do an H1 transfer and can the new Employer apply for an extension???? Will I be out of status since I am in India since Sep2011....

OR Should i wait for the H1 to getover in Apr 2013..with a 1 yr gap and then apply for a fresh h1?

Regards,

Visaseeker...