H1B in US - Filing separation and going back

[sreejith85]

Hi,

I came to US in Aug 2014 and due to some personal reason i have to go back to India for few months and my employer is not allowing me to go back. Even he is not allowing to give vacation also for few months and i am waiting for few months now.

I am planning to put paper and go back to India. Just want to know if I am putting paper what all are the things i have to be taken care like Insurance, visa etc.

As i am leaving the company if i am going to India and if i am joining any other company can my new employer will be able transfer my current visa to new employer.
My Visa is expiring on Aug 2016.

Thanks in advance.

Sree

[raghvi]

Hi,

I came to US in Aug 2014 and due to some personal reason i have to go back to India for few months and my employer is not allowing me to go back. Even he is not allowing to give vacation also for few months and i am waiting for few months now.

I am planning to put paper and go back to India. Just want to know if I am putting paper what all are the things i have to be taken care like Insurance, visa etc.

As i am leaving the company if i am going to India and if i am joining any other company can my new employer will be able transfer my current visa to new employer.
My Visa is expiring on Aug 2016.

Thanks in advance.

Sree

It would depend upon the terms and condition of your employment. Once you resign, you should plan to leave immediately post your last working day. So you will have to take care of all your personal things (car, house/lease, credit cards, bank accounts, utilities, insurance etc.) .

yes, a new employer can file their own cap exempt petition in future (6 Years from last pay date) they would need a copy of your current I797 so make sure you keep one.

This is my opinion not legal advice.