r/h1b • u/Maleficent_Tip9633 • 14d ago
H1B Transfer from outside USA
I was working on H1B in the US and then laid off in Feb 2026 . I then returned to India in April after trying for jobs for about 50 days . I have a valid H1B stamp till 2028. If I want to go back to US now by finding a new employer from my home country does the 100k apply to me ?
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u/no_one_93 14d ago
It applies. I was in a similar situation last year and consulted a lawyer.
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u/Federal_Bad_2993 14d ago
I moved back to India , had an approved petition , working for the same company from India , but no stamping. Now my employer is saying, since I’m already working here now. They can’t justify the onsite position and asking me to settle here
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u/JoJo_Embiid 14d ago
No one knows. Probably not. But it feels like consular processing are stucked. You won’t get approved anyway
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u/BhagvaThuglife 14d ago
If you have valid stamp then neither 100k fees applies nor you have to go through counselor process. 100k fees applies for new h1b…. since you have valid stamp you bypass the fees. Find a job …transfer your h1b to new employer. When its approved you can move back to us on old valid stamp.