The H1B visa, a vital gateway for skilled professionals seeking employment in the United States, often poses challenges when it comes to job loss or change. One key question that arises for H1B visa holders experiencing job loss is whether they need to re-enter the H1B lottery to secure new employment. This article aims to clarify this aspect of the H1B visa status.
Retaining H1B Status After Job Loss: Lottery Re-entry Unnecessary
For individuals who have attained their H1B status through the H1B lottery, this status is generally valid for up to six years. If you lose your job while on an H1B visa, you can still transfer to a new employer without having to go through the H1B lottery again, as long as your six-year limit has not been reached. For this transition, your new employer is required to file an I-129 Petition with the United States Citizenship and Immigration Services (USCIS) on your behalf before you can start your new job.
Leaving and Re-entering the U.S. on an H1B Visa
If you leave the U.S. after losing your H1B-sponsored job and plan to return with a new employer, re-entering the H1B lottery is typically not required, provided you haven’t exhausted the six-year maximum on your H1B status. As with job transitions within the U.S., your new employer should file an I-129 Petition with USCIS. Additionally, acquiring a new H1B visa stamp might be necessary before returning to the U.S.
Conclusion
The H1B visa program offers flexibility for job changes without necessitating re-entry into the H1B lottery, provided the six-year visa tenure hasn’t been fully utilized. It is vital for both the visa holder and the new employer to understand the procedural requirements to ensure compliance and a smooth transition.
How do I extend or renew my H1B visa and can I extend it beyond 6 years?
I was laid off or fired while on an H1B visa, now what?
How do I transfer my H1B Visa to a new employer?
As an employer, what do I need to know about H1B Visa extensions and renewals?
Additional Outside Resources
- H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models
- USCIS: I-129, Petition for a Nonimmigrant Worker
- USCIS: I-539, Application to Extend/Change Nonimmigrant Status
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