H1B out of status - looking for other jobs


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I resigned for my job end of April, 2014 and came back to my home country after a day. I have my visa stamp valid until 2016 (academic H1B). I am looking for jobs at other places so I can reenter the country with a new work permit. However, I have few questions while applying for jobs. Not sure what to answer. Please advise.


1. Are you currently eligible to work in the United States?

My answer is no since I am out of status. Any comments?


2.  Will you now or in future require visa sponsorship for continued employed in the USA?

Yes. Any comments?



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First, you are not out of status if you are outside the US. You can have a status by definition only if you are in the US.

Second, you are currently not eligible to work in the US, since you need a new H1, which means that you need sponsorship.

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You are not out of status since you are not physically in the US.


You must go through quota if you have not done so already for a cap subject (other than academic) job.


Of course you require visa sponsorship since any employer will need to file a petition to be able to employ you.

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