My H1 was stamped in February 2013. I have worked from March 2013- May 2016 on my H1b.
My I-94 had expired on March 2016, and my H1b extension was in progress.
While my H1B was in extension, I had quit my then current employer(May 2016) and had traveled back to my home country . Then I re-entered US in August 2016 on a H4 visa.
Now can I invoke back my H1b ?
Please advise. If yes, then what is the process?
Given that it has not yet been 6 years since you received H-1B status, a new employer can now file an H-1B petition on your behalf at anytime, you are exempt from the numerical cap on H-1Bs.
The time you spent outside the USA since first receiving H-1B status can be added back.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You will need an employer to petition and place you back in H-1B.
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. You are encouraged to seek independent and private counseling for a complete review of your case.
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