Fremont, CA asked in Employment Law and Immigration Law for California

Q: I want to quit my current full time job on h1b visa(not stamped, petition approved and valid until Jul 2017)

to take a break outside United States. After an year , is it legal to re-enter US on a tourist visa and do a little job hunting on the side? If its legal and if I find a job before/after July 2017 does the numerical quota limit on H1b apply for the new H1B visa from the new employer?

1 Lawyer Answer

A: You can quit and depart the U.S. for 1 year. Yes, you can LEGALLY re-enter on visitor status to look for a job, If you find a job before 7/17, yes you can use the same H-1B petition to be cap-exempt HOWEVER an employer may not want to go through the expends and hassle just to have you work for a few months. It all depends on how much of the 6-year period you have left.

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