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Will staying out of US for 1.5yrs, without having used my approved H1B, negatively impact H1B stamping and my return now?

Asked almost 3 years ago - Albany, NY

I was working on OPT (after my MS) till July 2007 (when it expired) after which I returned to India. In that same year (2007), my H1B was approved, but I could not use it (since it kicked in only in October 2007). I have been working (as an NGO) in India since then. I now want to come back to US and work for my earlier employer (who also sponsored my H1B).

Will my situation (having not used my approved H1B) negatively impact the visa stamping process at the consulate here (in India)?

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Attorney answers (1)

Elaine Martin

Reputation Level 15

Answered almost 3 years ago. Immigration Attorney in Coppell, TX.

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It is very likely that the consulate will question whether the job is still available, since your application will be based on a petition that was probably filed 2 years ago. I recommend getting a letter from the company confirming that the position is still available.

The company also needs to do some homework before they bring you to the US. if they withdrew the Labor Condition Application (LCA) and H-1B once you decided not to come to the US, you cannot get a H-1B based on those, now withdrawn, documents. The company should speak to its immigration attorney.

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