H1b Stamping after Job termination

[pritu76]

I came to USA in 2009 to pursue my Masters. In Oct 2011 I joined one company in USA as full time employee (Data analyst). They sponsored my H1b, which was filled on April 2012 and got approval after two months I got approval. My h1b started from 1st Oct 2012 and before that I was working in OPT. I came to visit my family in November to India. I got 221g and just last week I got my stamping after 4 months . But due to this delay my job was terminated dec first week. Now can I reenter in USA with this stamping?? Can H1b transfer is possible now??? What are my options now??

[Attorney_25]

You must have an H-1B job in the US in order to use the H-1B visa to enter the US. Not having the job could cause serious problems for you. So either you need to be re-hired by the prior company or you need an H-1B petition approved for a new employer that will employ you immediately upon entering the US.

It will not work to use the visa to enter the US to look for a new job and have the H-1B petition filed later. Your worst case scenario is being charged with fraud/misrepresentation upon entering the US, which would permanently bar you from the US.

[rahul412]

I came to USA in 2009 to pursue my Masters. In Oct 2011 I joined one company in USA as full time employee (Data analyst). They sponsored my H1b, which was filled on April 2012 and got approval after two months I got approval. My h1b started from 1st Oct 2012 and before that I was working in OPT. I came to visit my family in November to India. I got 221g and just last week I got my stamping after 4 months . But due to this delay my job was terminated dec first week. Now can I reenter in USA with this stamping?? Can H1b transfer is possible now??? What are my options now??

Send an email to that employer mentioning that you are good to go and can join the company ASAP.

If they reject the request then you need to find new employer and transfer your H1 to that employer.

[70mmmasti]

as long as your h1 b visa is not terminated, You can try entering into USA but again its a risk. Get a confirmation from your employer that your H1 termination is not yet done. if its done, better not take a flight to USA.You employer has to support you otherwise its hard/a risk.

[JoeF]

as long as your h1 b visa is not terminated, You can try entering into USA but again its a risk.

It would be fraud.

A person MUST have an H1 job in the US to use an H1 visa to enter.

Anything else can result in a lifelong ban!