Legal Question in Immigration Law in Texas
H1 visa filling
I am currently in US on H1. I have to return back next week.My h1 is valid till oct 2009,
Is it possible for me to get a new H1b applied when I return back to india through a consultant without having to go though lottery system again.( I mean through premium processing).
If my current employer revokes my h1b can I still apply without having to go through lottery again since I have H classification.
2 Answers from Attorneys
Re: H1 visa filling
Your H1b is specific to your employer, it is not transferable. If you are fired, the classification is no longer valid. I am not sure what you mean when you refer to the lottery and the consultant. In the US you must be represented by a lawyer, unless you are representing yourself. If you are with the same employer, you do not need a new H1b, just an extension in 2009. If you are making a new application with a new employer, then you must go through the entire process again.
Re: H1 visa filling
Your H1b is specific to your employer, it is not transferable. If you are fired, the classification is no longer valid. I am not sure what you mean when you refer to the lottery and the consultant. In the US you must be represented by a lawyer, unless you are representing yourself. If you are with the same employer, you do not need a new H1b, just an extension in 2009. If you are making a new application with a new employer, then you must go through the entire process again.
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