Immigration Issues/h1b

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Question
I am currently working for company A under OPT and my h1 got approved and will be in effect from Oct '08. I want to leave the company and US in June '09 and move back to India. If I decide to come back to the US after 2 years and find a job with a different company, does the company need to go through the entire h1b application process or can they transfer my current visa, even though I was unemployed and not in US for 2 years ? please advice.

Thanks.

Answer
Anu,
There is no such thing as transfer of visas or employers. The new company has to file the entire H-1B process again. The good news is that you will not be subject to the H-1B quota if it continues to exist two years from now.

Sincerely,
Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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