I797 petition Expiry Question

[yogi4839]

I have my valid visa and I797 untill Dec 31 2015, i am travelling back to India on Sep 2015.

1.My question is i have not filed my extension petition while i am in US. Can i file my extension to the same employer from India.
2. In that case if i am not able to file my petition from my current employer , will i be able to extend after the expiry of my petition with another employer.
3. If the petition is expired ,do i have to apply for new H1B through the lottery.

[shervin143]

1.My question is i have not filed my extension petition while i am in US. Can i file my extension to the same employer from India.
>>> Yes.

2. In that case if i am not able to file my petition from my current employer , will i be able to extend after the expiry of my petition with another employer.
>>> Yes, another employer can file a transfer.

3. If the petition is expired ,do i have to apply for new H1B through the lottery.
>>> If you haven't used all 6 years in your H1B CAP (Time spent in U.S on H1B + L1 status combined), then you don't need to go through lottery again. Current employer or any new employer can file a H1B petition for you using the CAP from your existing petition.