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Can i use this year's H1-B approval in any future years

Waukesha, WI |

I am on L2 visa. My company is filing H1B for me this April 2013 . But I have to travel back to India from March 29th - April 24 2013 . I understand that the CoS process from L2 to H1 will be void if i am out of US . But is there a way , I can get my H1 - B filed through a consular process on April 1 ? Then travel back to US on April 24 on L2 . And if i ever need H1 - B this year , I can go back to India for re - stamping and come back and start working on H1 . Pls advice on the process steps for consular process . Also can this years approved H1-B petition be used in any future years for the same employer without any issues?

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Attorney answers 3


You should discuss this with your company's lawyer.

My answering this question does not form an attorney-client relationship. Always retain a qualified attorney before taking any action. My office offers free consultations.


You are completely confused. Talk to an attorney and not on public forum.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.


You should be able to have the H1b sent to India and you can get it in the fall. You cannot just leave it for some future date at your discretion but rather, you need to obtain it or it will be cancelled.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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