16 Dec 2013

I lived in the U.S. for 11 yrs and came back to India in May 2011 and I’m still in India. My H1B expired in Dec 2012. I’m getting an offer from US based client and they are ready to offer H1B. Would my expired H1B be transferred?

Answer: H1Bs are not transferred from company to company. The answer to this question depends upon whether there is time left in the six years of H1 status allowed. It is not clear whether all or most of the 11 years in the US were in...

09 Dec 2013

I was on H1B, converted my status to F-1 and I would like to go back to H-1 now. Can I start working immediately upon getting the receipt number from the USCIS, or do I have to wait till I get the approval?

Answer: It would be necessary to wait for the H1B petition approval before starting employment again. The H1B in this situation normally would not be cap subject, so it could be filed at any time and could request an immediate start date. Unlike when changing jobs...