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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28189
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I got my H1B visa in 2012, but quit my job in Feb 2014. I applied for

Customer Question

I got my H1B visa in 2012, but quit my job in Feb 2014. I applied for a B2 when i quit my job, to legally stay in US while I pack/ travel america for a bit. My B2 visa was automatically cancelled when i left US for home in April 2014. Now one year later i want to work in US again. My H1B doesn't expire till Sept 2015. If my new employer sponsors me, can i still work on my old h1B visa? If so, how long would the new petition take? And what happens after Sept 2015, can i just file for an extension? I visited NY last month on a ESTA. Thanks
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.
Hello, my name is Judith. Thank you for this opportunity to answer your questions. I have 34 years experience as a licensed immigration attorney.
Your B2 may have been cancelled by error if your change of status had not been denied.
Did you leave before you got a response to the I-39 request for a Change of Status?
Did the inspector put a stamp in your passport why the B2 was cancelled - 222(g)?
Did you show them your receipt for the I-539 Change of Status?
It depends on the grounds for the cancellation of your B2 whether your H1B visa stamp is still valid.
Your new employer can file a new petition for "new employment" based on your previously approved H4 you are not subject to the quota. You can use the remaining time left on your 6 years.
If you do premium processing you can get a decision in 15 days.
Judith
Customer: replied 1 year ago.
Hi Judith,
Thank you for your response.
Yes, I did leave the country before my B2 was approved/ It was still pending when i left.
So i got a mail saying "Because you have departed from the United States while your application for a change of status was still pending, you are considered to have abandoned your request for a change of immigration status"
In my passport, my H1B Visa still remains without any stamps on it.
I have also traveled to the United States couple times already on a ESTA.So now if my new employer petitions for a "new employment" and i get approved, my original H1B ends on 9/15/2015. Could my new employer just petition for an extension? Because I can get 3 more years correct?Thank you for your help,
Soyeon
Expert:  Judith replied 1 year ago.
One question not answered was whether any annotation was made in your passport for the visa cancellation. Curious what their reason was.
Since you filed for the COS and left before it was adjudicated you did abandon the application but you were not in an overstay status while it was pending.
Therefore your H1B visa would not be subject to cancellation under INA 222g overstay.
You could then use the existing H1B visa stamp to enter on a new petition filed by your new employer as long as it is approved before the visa stamp expires. Therefore, premium processing would be the only way to accomplish because processing time would take you beyond the visa validity date.
Extensions are only when you are in the US so your employer files for "New Employment". It is "New Employment" because you are not extending a current stay on H1B in the US.
That does not mean you do not get the benefit of the remainder time on your 6 year quota number. Since you have about 4 years remainder time your new petition would be valid for the 3 years max given on approval.
I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face, but more importantly, I want you to come back to the site for all your answers from over a 100 categories of experts!
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith
Customer: replied 1 year ago.
Thanks Judith,
.
Nope, no annotations were made on my passport.
Is there anyway my new employer could petition for a "new employment" and a "extension" at the same time?
or do i have to wait for the "new employement" to get approved first then i "extend" my H1B for another 3 years?also would I have to leave the country to get a stamp or anything after my "new employemnt" gets approved? or could i start working straight away.Thank you for answering my million questions.
Soyeon
Expert:  Judith replied 1 year ago.
My friend,
I am failing you and I am so sorry. I am not sure how to explain that "extensions" are only if you are in the US. If a petition is being filed for you and you are outside the US it has to be "New Employment"/
Maybe if you look at Page 2 Part 2 of the petition you will understand that is the only choice that fits your situation.
http://www.uscis.gov/sites/default/files/files/form/i-129.pdf
A visa is what gets you into the country.
When you pass through inspection you will present your petition approval and current unexpired H1B visa in your passport (passport has to be valid for at least 6 months).
You will get an I-94 arrival card which will have your stay authorized for the 3 years. That is your permission to remain in the US - the I-94. The visa just allows you entry and as long as you use the visa before it expires in Sept you will get an I-94 good for the 3 years.
The only time you have to get a new visa stamp is if you travel outside the US because the old one will be expired.
I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face, but more importantly, I want you to come back to the site for all your answers from over a 100 categories of experts!
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith