Losing a job while on an H1B visa can be overwhelming, but what should you know if you decide to leave the U.S. and later wish to return? Many people think that leaving means they have to re-enter the H1B lottery, but that’s not necessarily true.
If you were already in the lottery, you doon’t have to go through it again, provided you still have time left within the six year limit. For instance, if you had an H1B approval from 2023 to 2026 but only worked for a year, you still have five years available to use.
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If you find a new employer while still within your approved H1B timeframe, you can apply for an H1B transfer from outside the U.S. This typically requires a visa stamping appointment at a U.S. consulate, allowing you to avoid the lottery process. However, complications can arise once the initial three years are up.
Some sources indicate that after the initial H1B approval period (in this case, three years), you would need to re-enter the lottery. Others argue that as long as you haven’t fully utilized the six-year cap, you remain exempt. This uncertainty highlights the importance of seeking legal advice before making any long-term plans.
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If returning on an H1B isn’t feasible, there are other visa options available. L1 visas for intra-company transfers, O1 visas for individuals with extraordinary abilities, and F1 student visas are all potential alternatives. Additionally, some may look into employer-sponsored green cards, though these can take time and are subject to company policies.
For anyone thinking about leaving the U.S., having a clear plan for re-entry is crucial. Understanding visa regulations is essential not just for current possibilities but also for keeping future options open.
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