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Can I use my previous H-1B?

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zingshow

Junior Member
After I got my PhD in USA, I worked in a company with OPT for 10 months and H-1B for 1 year and 4 months. Then I stayed outside of USA for 1 year and 9 months. Then I came back to USA for another degree under F1 for 2 years. School said I would not have OPT anymore. Can I use my previous H-1B when I find a job? Or I have to apply for a new H-1B under cap starting 10/1 every year? If I can use my previous H1B, is it a reapply or a transfer? Do I just have the remaining time, 4 years and 8 months?
 


That's odd that you're not being granted OPT under your F-1. Generally, as long as it's a new F-1 you still should be granted OPT. You should get another years subsequent to your degree's completion.

However, if your F-1 OPT year is up, then you'd only be able to use your H-1B if it's still valid. However, it probably isn't since it's generally tied to your old employment. Since you're not working at that old job anymore, you'd have to apply for a new H-1B.
 

cbg

I'm a Northern Girl
H1B visas are tied to specific employers. You can never use an H1B visa for any employer except the one who sponsored it.

Though common parlance refers to "transferring" an H1B visa from one employer to another, what is actually happening is that the old H1B is inactivated and a new one issued through the new employer, for the balance of time left on the first one.
 

ImmigAttyLana

Senior Member
As long as your old H-1B was granted within the past 6 years, you can apply for a new H-1B through a new employer and not be subject to the H-1B quota.
 

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