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Discussion Forums: H-1B
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Topic: For How Long H1-B is Valid ?
Posted by myquestion (24) 06 Jun 2007
Hi ,
I was working on my H1-B for around an year.
I got my EAD (through my husband's application for GC ).Since September 2006, I started woking on
that EAD on a new job. Now if I want, can I go back on my H1-B ? My H1-B is valid till March 2008 .
I never had a break in my work, just I switched from working on H1-B to EAD.
How long does the H1-B remains valid if we are not working on H1-B ?
So now can i trasfer my H1-B to the current Employer.But since september 2006 I am working on my EAD I am not sure
is my H1-B is valid or not .


Thanks.
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Posted by wanderer (8) 07 Jun 2007
Technically your H-1B is valid until it expires, and you can go back to any valid H-1B even after a break. For example, you have two H-1B's approved from different companies, and both are valid. You can switch between working for these two companies any time as long as both H-1B's are valid. I would think that's the case with H-1B and EAD as well. That's why having a valid H-1B acts as a good backup when I-485 is still pending, and EAD is approved.

Just my opinion...
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Posted by myquestion (24) 07 Jun 2007
Thanks for your input.
So it means whatever is the expitation of my H1-B, till that time H1-B valid.
It is nothing to do with if I am working on it or not ?
And at any time (till the expiration of my H1-B March 2009), I can go back and trasfer my H1-B and work on it.

Regards.
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Posted by funnieguy (21) 07 Jun 2007
Yes, my wife came to U.S. to work for employer A, but once she landed in U.S., she had employer B sponsor her H-1. She worked for employer B for 6 months, then moved back to working with employer A, because that H-1 was still valid. No problem.
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Posted by myquestion (24) 07 Jun 2007
Thanks for replying.
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Posted by MrVulcan (1156) 08 Jun 2007
I think the above answers are correct, as long as you use your H1-b and not an AP to enter the country if you ever travel before your I-485 is approved. Also remember to show the original I-485 receipt notice at the point of entry when traveling on H1-B.

Note: I am not a lawyer, only a hopeful immigrant as the rest of you giving my humble opinion.
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Posted by myquestion (24) 08 Jun 2007
Hi Thomas,
No, I have never travelled outside US after getting my EAD.
I mean I have never used my APs to travel outside US.
I still have not got my GC ,its still pending in Name Check.
As after geteing my EAD I switched from working on H1-B to EAD.
So was wondering if any time I want to go back on my H1-B(till the time it expires), Can I go back on it.

Thanks.
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Posted by MrVulcan (1156) 08 Jun 2007
I think you shoukd, be able to do that as long as you don't use an AP to enter the US.

Note: I am not a lawyer, only a hopeful immigrant as the rest of you giving my humble opinion.
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Posted by myquestion (24) 08 Jun 2007
Thanks ThomasB.
ThomasB, I have noticed that you are very active on the forums in replying .
I have another question ,if you could answer .
My GC is pending in Name Check, do you know any number or email to contact the FBI to know our
name check status ?
I have read people writting to senators too ,but i dont have any format of the letter or even dont know how we contact them.
I have tried calling USCIS 1-800 number, but they dont give any information about name checks .
Its already been a year I had my fingerprinting ,still its pending in name check.
Best solution looks like to go for infoPass appointment every 6 months to know the status.
Any help in this regard is very much appreciated.

Thanks !
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Posted by MrVulcan (1156) 08 Jun 2007
I have (as far as I know) been lucky enough to not get stuck in name check, so I don't know that much about it. But what I understand InfoPass is the best way to get info.

You can find your two senators on www.senate.gov. Call there office and they will tell you what to do. They have forms you need to fill out to authorize them to look into your case, and they know how to do the rest too. You will not speak to the senator only a (usually junior) staff member.
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Posted by myquestion (24) 08 Jun 2007
Thanks ThomasB.
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Posted by anujkohli (2) 13 Mar 2008
Hi,

I was working on H1-B for last 15 months. My H1-B is valid till March-2009.It is a Multiple entry visa.

My assignment got over in January mid and my company transfered me back to India.
Due to some personal reason I want to come back to India for some time,now in India they are saying that I can't travel to US on same H1-B again?I dont know why?They are saying that once you are back you cant go on that visa again?Is there any way I can check that my Visa is valid or not?

If my visa gets invalid can I come to know about it status?How can I check that?Please advice

Anuj
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Posted by wikiuser (503) 21 Mar 2008
Anuj - You can go back on that Visa - The company is just trying to keep you in India. There is no problem if you show the paystubs (if asked at the POE) and valid US Visa.

Thanks
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Posted by wikiuser (503) 21 Mar 2008
Once you use your EAD you H1B becomes invalid! To revalidate the H1B, you have to exit the country and re-enter on stamped H1B in your passport and not use AP to re-enter. That way you are back on H1-B (non-immigrant) status. You EAD at that time is still valid! and doesn't affect anything else. And again after re-entering you want to work on EAD is fine, so long as your employer is notified.

Thanks
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Posted by anujkohli (2) 24 Mar 2008
But if in mean time my company had send notification to USCIS that I am not on there payroll ?As right now I am in India and I am not getting my US salary. My last paystub in US was of March 15th.
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Posted by archana (1) 10 Nov 2008
Hi,

I applied for H1 in Apr-2007 from India,after that i came to US in may-2007 on H4 and i got my h1 in Oct-2007.
when i am trying to get a job, i met an accident in Jan-2008.so,i was in hospital for 3 months.
still i am attending some doctor appointments.now i am again trying to get a job.
but my employer is saying the H1 which i have last year got expired.
is it real? do i need to apply for H1 again?
is there any chance to get my old H1 if i submit my medical certificate?
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Users currently subscribed this discussion: MrVulcan, myquestion, wikiuser, anujkohli, archana
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