Hi, I have an H1B stamp valid until 2014 and I am working with employer A.
I also have a B1/B2 valid until 2014.
I am ending my employment and wish to go on a long trip outside the US and maybe even work outside the US for a while.
Can I still come back after a while on my B1/B2, look for a job, and work legally?
Will I be subject to the H1B cap? Or do I just need a new petitioner? Can I start working at any time of the year?
A. Can you come back on your B1/B2 to look for a job? Absolutely
B. Can you legally work in the US while here on your B1/B2? Absolutely not!
C. Will you be subject to the H1B cap? Possibly; it will depend on how long you have been outside the US.
D. Will you need a new Petitioner? ABSOLUTELY!!! An H1B does not make you employable by everyone; you are employebale only by the company that filed the H1B petition for you.
E. Can you start working at any time of the year? Again, that depends on whether or not you will be subject to the cap.
The best thing you can do, should the situation arise, would be to consult with an experienced immigration attorney who can advise you as to the possibilities open to you.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A consultation with an experienced attorney is always the best way to go.
1. Come back on B-1 to look for work? Yes
2. Work legally on B-1? No
3. Subject to cap? Probably not, it will depend on how long you will be gone?
4. New Petitioner, yes, you will ALWAYS need a new petitioner when you change jobs. H-1B visas are employer-specific.
5. Start any time of year? It depends on whether or not you are subject to the cap.
6. Should you talk to an attorney? Yes.
Do not rely completely on information you get on this website. It is always wise to consult personally with an immigration attorney before taking any action with the US CIS, or US Consulate.
Please consider contacting one of the attorneys on Avvo. Or, contact the American Immigration Lawyer's Association www.ailalawyer.com for a referral. If you are low income and feel that you can not afford an attorney, try contacting one of the organizations on this list: www.justice.gov/eoir/probono/states.htm
Franco Capriotti - Senior Legal Counsel - Capriotti International Law
SKYPE CONSULTATIONS AVAILABLE - [email protected] - www.capriotti.com
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Contact the American Immigration Lawyers Association www.aila.org for a referral to an experienced immigration attorney. NOTE: They also have referrals to low/no-cost attorneys. LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.
It depends on what you mean by "same visa." If you mean "visa stamp in the passport" then yes, provided the new employer has filed a new H-1B and it has been approved. If you mean the same petition, the answer is no.
You cannot work on a B-1/B-2.
Whether you will be subject to the cap depends on when the new petition is filed.
You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
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.
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