Legal Question in Immigration Law in Illinois

I had H1-B VISA validity from OCT-2007 to JUL-2010.I came to USA on Jun-2008 from IT organization A for project work and spent 3.5 months. Later I came back and left that IT organization A. I didn�t do any VISA transfer and VISA has not been revoke.

Want to confirm. Can I renew my existing H1B Visa and use it to visit USA. As It is valid to for 6 years and I only used for 3.5 months with existing Visa.


Asked on 2/04/16, 4:23 am

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If you have a new employer that wants to hire you for H-1B employment, they should be able to petition you for a new (non-cap) H-1B using the "reminder" of unused time on your H-1B visa. However, if you are no longer working for company A, you cannot just re-enter the country without a formal "remainder" request. You will still need a new visa, even though the period of stay issued for the I-129 petition was not completely used. In short, no, you cannot use your H-1B remainder to enter as a visitor. I would suggest applying for a B-2 visa.

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Answered on 2/04/16, 6:04 am
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (800) 750-1828. Kind regards, RDM

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Answered on 2/12/16, 11:06 pm


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