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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28998
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am currently working on H1B VISA with expiry on 2018, I am

Customer Question

I am currently working on H1B VISA with expiry on 2018, I am planning to quit my job and move back to India for a couple of years.
Now if I plan to come back after a year or 2 would I be able to ask my new employer to use the existing H1B?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 2 years ago.
You are entitled to use the remaining balance of your 6 year allotment any time. The remainder time never expires. They can use it in 2025 if you don't want to come back for 10 years!The law gives you the option to use the remainder time of your 6 years or you can have the new employer file a new petition and restart a new 6 year clock. The problem with restarting the new clock is that your new employer could only have you come back with the beginning of a new fiscal year on Oct 1st.So it makes sense to use your remainder time of 3 years.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