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My H1B stamp on my passport is still valid although I already moved back to my home country. Question is: can I use H1B visa for

San Francisco, CA |

My H1B stamp on my passport is still valid although I already moved back to my home country. Question is: can I use H1B visa for coming back to the country for closing my bank account and selling my car? It's been 3 months since I quit my US job and traveled back to my country.

Attorney Answers 3

Posted

You cannot use your H-1B visa for that purpose. Instead you should travel to the US as a visitor (using a B-2 visa or the Visa Waiver Program [ESTA]). Probably, the employer has already cancelled the H-1B visa. One possible outcome of using the H-1B visa is that you could be subject to "Expedited Removal" and barred from the US for five years. Even worse, if the immigration inspectors believe you have told them a lie (that you are still working for the H-1B employer) you could be barred from the US forever.

This is only a preliminary response to an inquiry, based on incomplete information. Helpful advice and counsel can only be provided after you have discussed your case with Mr. Bach, he is familiar with all of the circumstances of your case, and the advice is provided in writing. Any opinion provided here should not be relied upon for any purpose. No attorney/client relationship is formed until you have formally retained our law firm to represent you. We are not responsible for any action or lack of action you take based on this preliminary response.

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Posted

Your H1B is solely for you to work in the US for the qualified employer. You should return on a visitor visa or visa waiver, depending on your country of nationality.

Under the guidelines set by AVVO, this response is general information only and not specific legal advice, and no attorney client relationship is formed by this response to your question.

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Posted

The visa would be only good for coming back to the US to resume employment under an approved H-1B petition. You would have to apply for a visitor visa or travel under the ESTA program if you are eligible.

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