Lost my Job and Came back to India

USA H1B Visa
1

Hi Saurabh,

Thanks for helping us with your expereince!



My case is very Unique:



1)     I got an employment with France based compnay manufacturing Unit in US



2)     I got an H1B and worked with this company for 5 months (Oct to Mid Feb)



3)     Because of financial crises company has eliminated my positon with 30 manpower



4)     To make my H1B on an active postion, Company suggested me to apply leave without pay



5)     I applied for leave without pay (From Feb to May 1st week) and searched for another option for 3 months



6)     After 3 months company has terminiated my position and issue an letter for the same



7)     Company has made my Full and final settelment check and paid my PTO, after 3 months (Leave without pay time) (May 1st week)



8)     I found a Job and my contractor got a PO also and he has filled H1B transfer, but some how that Job was cancelled



9)     I came back to India at June end



10)I have an H1B visa stamp for 3 years



My question:



1)     My new employer need to apply fresh H1B or my company can trasfer the same H1B (Transffer)



2)     Kindly advsie in brief, what would be the process, what are the chaces of getting approved Visa



Thanks in advnace for your support
2

If you were in US with Leave without pay then you were OUT OF STATUS!

You were effectively on bench and that is not allowed on H1B visa. The employer needs to run your payroll.

When you transfer your visa an RFE might come asking you to explain your Out of status.

If you accumulate more than 90 days of out of status you will likely face a debarment. Contact a lawyer and check

3

Thanks for your answer!

As I mentioned, company has given my last cheque (Full and Final) after 3 months only! (Feb to March no pay)
It means my H1B is no more valid to transfer any other employer?
Do I need to file a fresh H1B, What will be chances of getting approved a new H1B?