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Immigration Issues/H1B Extension beyond 6th year & moving out of US

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QUESTION: Hi
I have approved I-140 and also have H1 extension beyond 6th year(based on I-140 approval) valid till march 2014.I am planing to move out of US for one year with the same employer but will change the client.
1) Can I re-enter in US after 1 year on the same H1B visa? or do I need to apply fresh H1?
2)When I re-enter, my client will likely to be different than the one whose project/letter I have shown in H1 extension.Will that affect my re-entry?
Appreciate your help in advance.

Regards
Sandeep

ANSWER: Hi,

You can use the existing unexpired H1B visa stamp in passport to enter the U.S. However, if the client location has changed, a new Labor Condition Application (LCA) should be filed by the employer and certified by the Dept. of Labor for the new client location. I recommend that you both carry copy of this certified LCA (keep it with you, but do not show it to the immigration inspector unless specifically asked to do so), and I also recommend that the H1B employer file an amended H1B petition with the USCIS if the client location is a different Metropolitan area: http://www.nlsinfo.org/nlsy97/nlsdocs/nlsy97/geocs/gatt101.html#msa1-5

---------- FOLLOW-UP ----------

QUESTION: Hi Ajay

Thanks for the earlier response. My follow up questions is - if I am outside US and H1B amendment is filed due to change in client, will that require visa stamping as well?

Answer
Hi,

You are not required to be in the U.S. for the employer to file an amended H1B petition. You can enter on existing unexpired H1B visa stamp. However, if applicable you should carry with you copy of H1B approval notice (or H1B receipt notice if amendment has not been approved by the time you enter the U.S.) for amendment and copy of certified LCA.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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