Tiya Posted August 4, 2014 Report Share Posted August 4, 2014 I worked on H1B visa for 3 years in the USA. I left my job and then moved to Europe for perrsonal reasons and later found a job with an euopean company. After 1 year , I moved to India and did not work. I am in India now . If I want to work in the USA again then do I have to be a fresh H1B applicant out of the new slot of 65000 ? OR Out of the 6 years span of H1 B, I can use 3 years which are left ? I mean H1 transfer ? Link to comment
JoeF Posted August 5, 2014 Report Share Posted August 5, 2014 If you have been out of the US for more than a year, you have the option of either having an H1 filed at any time and get the remainder of the 6 years, or having an H1 filed in the quota and get a new full 6 years. Link to comment
jairichi Posted August 5, 2014 Report Share Posted August 5, 2014 An employer can file a cap exempt H1B petition and you are eligible for 3 years. Link to comment
praju Posted August 5, 2014 Report Share Posted August 5, 2014 Hi, I had self sponsered my H1B by paying my employer(company A). I can pull up the bank statement for a proof. While, receiving the petition, We had an agreement between me and A that I will have to work for my A for 18 months, cannot not join client. Else, I will have to pay penalty of $25000 to A. Also notice period is 2 months. Employer had emailed me a soft copy of the agreement(2 page document), I signed it and sent him back to get the petition for visa stamping. I got it stamped successfully. I paid for my travel to US from India, initial accomodation, etc. No training was provided either. I found a project myself and notified my employer to finalize the commercials to start with the project. Now I am working for A client through same employer A since 1 month. Now, I have a better full time oppurtunity. 1. Would this contract stop me in moving out of A and joining new employer B ?2. Is that notice period valid ? Once I get my H1 Transfer receipt notice, can I just resign and move out as he has not helped me in anyways other than paying me salary? Thanks Link to comment
jairichi Posted August 6, 2014 Report Share Posted August 6, 2014 1. Possible. 2. Yes. You need to talk to an attorney. Link to comment
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