Applying for H1B and returning to India


gabbar123

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Hi, 

The situation is like this...

Currently, I am in USA with expired L1B visa (Visa expired in December 2013) and have a valid I94 til December 2014 and working with employer "ABC".

And Employer "XYZ" is applying for H1B in April 2014. But my current Employer has informed me that I will go back to India in June 2014.

So let me know..

1) Is it good to go with H1B application with Employer "XYZ" ?

2) Can I travel back to India if my H1B is applied here in USA ? Does the H1B application will close automatically due to india travel ?

3) As I don't have valid US Visa, I can not returned to USA till H1B will approve. So if H1B approve in October.. Can I enter USA without any issue ? what other steps , i need to take ? what about I797 ?

3) Also after returned to India , If my Employer "ABC" send me to JAPAN and if I got my US H1B also approved. Can I reject employer "XYZ" offer ? does Employer ask for money of rejection by law?

4) If I get RFE for H1B application in the month of June, when i will be in India, Does it possible to tackle RFE's from India ?

 

Please help for above questions.

 

Thanks......

Gabbar123...

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Hi, 

The situation is like this...

Currently, I am in USA with expired L1B visa (Visa expired in December 2013) and have a valid I94 til December 2014 and working with employer "ABC".

And Employer "XYZ" is applying for H1B in April 2014. But my current Employer has informed me that I will go back to India in June 2014.

So let me know..

1) Is it good to go with H1B application with Employer "XYZ" ?

2) Can I travel back to India if my H1B is applied here in USA ? Does the H1B application will close automatically due to india travel ?

3) As I don't have valid US Visa, I can not returned to USA till H1B will approve. So if H1B approve in October.. Can I enter USA without any issue ? what other steps , i need to take ? what about I797 ?

3) Also after returned to India , If my Employer "ABC" send me to JAPAN and if I got my US H1B also approved. Can I reject employer "XYZ" offer ? does Employer ask for money of rejection by law?

4) If I get RFE for H1B application in the month of June, when i will be in India, Does it possible to tackle RFE's from India ?

 

Please help for above questions.

 

Thanks......

Gabbar123...

1. Yes.

2. Yes, you can travel. But, if your H1B petition filed by employer XYZ is filed as COS then the COS part would be considered abandoned. H1B petition would still be processed.

3. Yes, you can. There is no need for you to pay H1B fee as it is borne by employer. But, if you sign any document where employer can claim damages then you are bound by it.

4. That is the work of employer XYZ's attorney. You should be able to send any document requested by attorney. 

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1. Your decision and choice.

2. It is possible to file and get a H1 petition approved even if you are not here.

3. Once the H1 petition is approved you can get the H1 visa and then come over up to 10 days before the start in October.

3?. That is between you and your employer. Nobody in the forum could possibly answer.

4. Your employer can do the tackling even if you are not here.

5. The total time period L1B plus H1 remains 6 years. How long have you been in L1 status in the USA.?

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Thanks for all answers...I finished 4 years here. I am on I94 expiring in december 2014.

Now one more question.. 

Is it possible for me to switch from employer ABC to XYZ before June on my current I94 status ? then in that case i don't need to go back to India. of-course i am assuming that Employer XYZ allows that. Is it feasible option ?

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Thanks for all answers...I finished 4 years here. I am on I94 expiring in december 2014.

Now one more question.. 

Is it possible for me to switch from employer ABC to XYZ before June on my current I94 status ? then in that case i don't need to go back to India. of-course i am assuming that Employer XYZ allows that. Is it feasible option ?

Based on what status? You need to have a H1B approved to join ABC and the earliest start date for a cap subject H1B is Oct 1st.

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