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Immigration Issues/Visa for travel to US and then COS

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Question
Hi,
I am writing to seek your valuable advice. I was working in US on my second job on approved h1 b petition after transferring h1b from previous job but never got chance to get it stamped in India. Although the first h1b was stamped. Later I had to quit my current job and move back to India in feb 2013 due to some family reasons, my petition still being valid till dec 2013. But now I am again looking for a job in US. My question is whether I can go to US for attending a job interview? Which visa I can use and what can I say at immigration that why I need it
? And assuming I get a job can I apply for h1b transfer again while staying in US as the old petition hasn't expired yet. Can I change my status this way back to H1b and start working? What is the right thing to do in this situation?
Thanks for your time, I will really appreciate your advice.

Answer
Hi,

You can enter the U.S. on existing H1B visa stamp until Dec. 2013 if the purpose of your entry is employment with either Employer A (original H1B employer), or Employer B (the H1B transfer case). If you have no intention of employment with Employer A or B, and the purpose of your entry will be for any other reason (such as attending job interviews), you should not enter on existing H1B visa stamp.

Any company can file an H1B petition for you with the USCIS, and you will not be subject to the visa cap as you maintained H1B status at some point within the past 6 years. Upon approval of the H1B petition, you can obtain a new visa stamp at the U.S. Consulate in the name of Co. C and can then enter the U.S. for employment with Co. C.  

Immigration Issues

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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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