h1b expiring -- can i change employers from outside US
Oct 19th 2009, 1:37 pm
#1
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Joined: Oct 2009
Posts: 1
h1b expiring -- can i change employers from outside US
My six-year H1B expires Feb 2 2010.
My employer (company A) filed PERM with DOL on July 30 2009.
I have spent a total of 2 months outside the U.S while on H1B status.
I have been on bench since July without paystub.
I am leaving the U.S on October 30 2009 and am interested in returning back
through another company
Can I return to the U.S through another employer (company B) on a new H1B visa after Feb 2 2010... How long would that visa be valid for.
If I cannot get a new visa; can I add the total of 5 months spent outside
the US on the current h1b visa for recapture through another employer (company B) after Feb 2 2010 -- return to the U.S; and then
subsequently apply for a 1-year extension after July 31 2010
based on company A's PERM filing.
thanks
rc
My employer (company A) filed PERM with DOL on July 30 2009.
I have spent a total of 2 months outside the U.S while on H1B status.
I have been on bench since July without paystub.
I am leaving the U.S on October 30 2009 and am interested in returning back
through another company
Can I return to the U.S through another employer (company B) on a new H1B visa after Feb 2 2010... How long would that visa be valid for.
If I cannot get a new visa; can I add the total of 5 months spent outside
the US on the current h1b visa for recapture through another employer (company B) after Feb 2 2010 -- return to the U.S; and then
subsequently apply for a 1-year extension after July 31 2010
based on company A's PERM filing.
thanks
rc
Oct 19th 2009, 7:19 pm
#2
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Joined: Apr 2003
Posts: 367
Re: h1b expiring -- can i change employers from outside US
My six-year H1B expires Feb 2 2010.
My employer (company A) filed PERM with DOL on July 30 2009.
I have spent a total of 2 months outside the U.S while on H1B status.
I have been on bench since July without paystub.
I am leaving the U.S on October 30 2009 and am interested in returning back
through another company
Can I return to the U.S through another employer (company B) on a new H1B visa after Feb 2 2010... How long would that visa be valid for.
If I cannot get a new visa; can I add the total of 5 months spent outside
the US on the current h1b visa for recapture through another employer (company B) after Feb 2 2010 -- return to the U.S; and then
subsequently apply for a 1-year extension after July 31 2010
based on company A's PERM filing.
thanks
rc
My employer (company A) filed PERM with DOL on July 30 2009.
I have spent a total of 2 months outside the U.S while on H1B status.
I have been on bench since July without paystub.
I am leaving the U.S on October 30 2009 and am interested in returning back
through another company
Can I return to the U.S through another employer (company B) on a new H1B visa after Feb 2 2010... How long would that visa be valid for.
If I cannot get a new visa; can I add the total of 5 months spent outside
the US on the current h1b visa for recapture through another employer (company B) after Feb 2 2010 -- return to the U.S; and then
subsequently apply for a 1-year extension after July 31 2010
based on company A's PERM filing.
thanks
rc
But then, I could be wrong because I am not sure of your exact circumstances.
Oct 19th 2009, 11:09 pm
#3
Forum Regular
Joined: Apr 2008
Posts: 44
Re: h1b expiring -- can i change employers from outside US
My six-year H1B expires Feb 2 2010.
My employer (company A) filed PERM with DOL on July 30 2009.
I have spent a total of 2 months outside the U.S while on H1B status.
I have been on bench since July without paystub.
I am leaving the U.S on October 30 2009 and am interested in returning back
through another company
Can I return to the U.S through another employer (company B) on a new H1B visa after Feb 2 2010... How long would that visa be valid for.
If I cannot get a new visa; can I add the total of 5 months spent outside
the US on the current h1b visa for recapture through another employer (company B) after Feb 2 2010 -- return to the U.S; and then
subsequently apply for a 1-year extension after July 31 2010
based on company A's PERM filing.
thanks
rc
My employer (company A) filed PERM with DOL on July 30 2009.
I have spent a total of 2 months outside the U.S while on H1B status.
I have been on bench since July without paystub.
I am leaving the U.S on October 30 2009 and am interested in returning back
through another company
Can I return to the U.S through another employer (company B) on a new H1B visa after Feb 2 2010... How long would that visa be valid for.
If I cannot get a new visa; can I add the total of 5 months spent outside
the US on the current h1b visa for recapture through another employer (company B) after Feb 2 2010 -- return to the U.S; and then
subsequently apply for a 1-year extension after July 31 2010
based on company A's PERM filing.
thanks
rc
I can see a situation in the above that I am not familiar with. The OP mentions they haven't had a pay stub for several months. Does not being paid take the OP 'out of status' on their h1-b?
Oct 20th 2009, 1:06 pm
#4
Forum Regular
Joined: Sep 2009
Posts: 83
Re: h1b expiring -- can i change employers from outside US
My six-year H1B expires Feb 2 2010.
My employer (company A) filed PERM with DOL on July 30 2009.
I have spent a total of 2 months outside the U.S while on H1B status.
I have been on bench since July without paystub.
I am leaving the U.S on October 30 2009 and am interested in returning back
through another company
Can I return to the U.S through another employer (company B) on a new H1B visa after Feb 2 2010... How long would that visa be valid for.
If I cannot get a new visa; can I add the total of 5 months spent outside
the US on the current h1b visa for recapture through another employer (company B) after Feb 2 2010 -- return to the U.S; and then
subsequently apply for a 1-year extension after July 31 2010
based on company A's PERM filing.
thanks
rc
My employer (company A) filed PERM with DOL on July 30 2009.
I have spent a total of 2 months outside the U.S while on H1B status.
I have been on bench since July without paystub.
I am leaving the U.S on October 30 2009 and am interested in returning back
through another company
Can I return to the U.S through another employer (company B) on a new H1B visa after Feb 2 2010... How long would that visa be valid for.
If I cannot get a new visa; can I add the total of 5 months spent outside
the US on the current h1b visa for recapture through another employer (company B) after Feb 2 2010 -- return to the U.S; and then
subsequently apply for a 1-year extension after July 31 2010
based on company A's PERM filing.
thanks
rc
If you are not getting paid, you are out of status. So you are better of leaving the country so that you wont be violating that anymore.
You may want to talk to some good lawyer and ask for advise, if not you will have to be out side for 1 year to start a fresh h1.....
Did your labor filing get approved?
Oct 20th 2009, 3:35 pm
#5
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: h1b expiring -- can i change employers from outside US
If his employment has been terminated, he's out of status. If he's not getting paid but is still listed as an employee of the company (which is what happens when you're "benched"), then the company itself is in violation of the visa terms - but he's not out of status.
Ian
Ian
