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.


Asked on 5/31/08, 2:04 pm

2 Answers from Attorneys

TC Langford Langford Law Office

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 If you are fired, the classification is no longer valid.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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Answered on 6/02/08, 8:05 am
TC Langford Langford Law Office

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 If you are fired, the classification is no longer valid.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.

Read more
Answered on 6/02/08, 8:06 am


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