After being laid off on March 15th,one Indian techie packed up and moved back to India in early April, thinking their American chapter had closed for good. But now, with an H-1B visa still valid until December and only one term into the six-year limit, they are asking a question many in their position have faced, “Hey guys, I was laid off on March 15th and moved to India in the first week of April with the plan of not going back to the U.S. But I have my H-1B visa valid till December and it is only my first term. Can I still decide to go back to the U.S. and look for a job and get the H-1B transferred?”
It is a scenario that is becoming increasingly common as layoffs ripple through the tech industry and visa holders weigh their options. While moving back home often feels like closing a door, the reality is more flexible: U.S. immigration rules allow H-1B holders with unexpired visas to return, and even transfer their visa to a new employer, if they find a new job sponsor.
“You need to find a job first”
The Internet quickly reacted to the post. A user said, “If you have a job offer then you are good, without job offer most likely airlines will deny you from boarding as CBP officers directly reach out to airlines. It will be bad remark on your US immigration.” Another added, “You need to find a job first. They will not let you enter without one and will then likely cancel it.” “You can do that. Company need to file consular approval and you should be good to stamp visa and go back,” noted a netizen. “Yed you can once you have a valid job and i 797from that job,” claimed a user.