Can I go back to old employer H-1B?

Yes, you can go back if employer A haven’t requested USCIS to revoke the approved petition yet as well as they are willing to hire you. The employer has to specifically request USCIS to revoke a petition.

How many days can you stay out of US on H-1B?

There is no limit to the amount of time that you can remain outside the US with your H-1B visa. The same for your spouse. Carl Shusterman (former INS Trial Attorney, 1976-82)…

Can I get a second H-1B after 6 years?

After the expiration of the six year period (the tenure), he or she must remain outside of the USA for at least one year, before they could qualify, if petitioned for by a qualified employer, to obtain another H1B visa, which would again be limited by a new 6 year tenure.

How do I renew my H1B after 6 years?

Once H1B holders reach that six-year maximum, they must leave the U.S. and remain outside for at least one year before being eligible for a new six years of H1B. Furthermore, in order to return to the U.S. in H1B status, they have to go through the H1B Cap again by surviving the H1B lottery.

Can I work for my current employer after H1 transfer?

A: Yes. You can continue working with your current employer as if you never filed an H1 transfer.

Can you work more than 40 hours a week on H1B?

There is no rule that H-1B should not put more than 40 hrs. but, the visa holder should work for a minimum of 40 hrs. However, when the employment is Non-Exempt, then the employee is paid for extra hrs.

What happens after 6 years on H-1B visa?

Once your 6-year cap is hit, you will have to leave the country, and wait for a year for the H-1B clock to reset, and then return by filing for a fresh H-1B visa. Note that the law stipulates explicitly, that you need to stay outside of the U.S for a year before you can return on a new H-1B.

Can I apply for H1B extension after 6 years?

USCIS usually gives H1B for 3 years and then you can apply for H1B extension to get 3 more years. The general rule is that, if you not used up any of that 6 years on H1B, you can apply for H1B transfer or extension as cap exempt (not applying in H1B lottery again) to use that 6 years limit.

How to recapture time spent outside the US for H1B?

Time spent outside the U.S. can be recaptured and H1B extension after 6 years is permissible as long as the Beneficiary can submit documentary proof of the trips outside the U.S. It is important to note that only full days spent outside the U.S. will be counted for recapture. Partial days spent in the U.S. count against the six years.

Can I transfer my H-1B visa to another country?

Note that the law stipulates explicitly, that you need to stay outside of the U.S for a year before you can return on a new H-1B. Thus, transferring your H-1B visa to another type, say a tourist visa or a H4 visa dependent on your spouse’s H-1B for a year, will not count towards this 1 year hiatus mandated before a new H-1B visa can be applied for.