Skip to main content

Do I need a new H1B in this case?

San Francisco, CA |

I am working for XYZ right now on 7th year of my H1 which will expire on 12/2015 (got beyond 6 years approval after having I-140 approved).

Now if I switch the job to ABC - I will transfer the H1B, but let's say after joining ABC in US, I go to work on the offshore office of ABC (India) for 8-9 months (where I will not need H1B)... so after 8-9 months, can I come back on same H1B to work for US office of ABC?... is it possible? ... if yes, then the expiration of H1B will move beyond 12/2015?... (so I can re-start my green card with PERM within 365 days of expiration..)

Also, lets say when I am offshore working for ABC.. can I ask company WXY to take up my H1 and so I can come to US and join WXY? (in case ABC goes rogue in their plans of calling me back to US).

Attorney Answers 3


I've shared your question with Avvo's immigration law forum, where your question may be seen by more attorneys who practice in this area of the law. *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

Mark as helpful


If the H-1B petition has not been withdrawn, then yes.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Mark as helpful

1 lawyer agrees


You will get extensions of H-1B beyond six years as long as the I-140 is approved and valid until the I-485 can be filed.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

Mark as helpful

1 lawyer agrees

Immigration topics

Recommended articles about Immigration

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics