H1b status after moving back to India

[texas1235]

I have a few questions about my H1b status after I move back to India this month. I am currently working in US with Company B for which I have I797 notice until August 2012. My passport is not stamped with Company B visa as I did not go for stamping. I still have my passport stamped with Company A's visa valid till Aug 2011. I have I140 approved from company A.

Is it mandatory that Company B cancel my H1b visa/petition after I go back to India as I am resigning? This company doesnt have an office in India.

Can I still come back to USA before August 2012 with the same employer or a different employer as I have a I797 until that date with proper stamping in India if I am offered a job in USA. Is it possible ? What are my options ?

[shervin143]

Is it mandatory that Company B cancel my H1b visa/petition after I go back to India as I am resigning? This company doesnt have an office in India.
>>> USCIS wants all employers to revoke the H1B once the employee quits the job. Most companies do follow this and some don't. Whether your petition will be revoked or not is the question to your employer.

Can I still come back to USA before August 2012 with the same employer or a different employer as I have a I797 until that date with proper stamping in India if I am offered a job in USA. Is it possible ? What are my options ?
>>> If the petition is not revoked and your current employer has a job available, then you can travel with their supporting documents. You cannot travel to work for another company with an approval notice of a different comany. Inorder to do that, the H1B need to be transferred and you should have an approval notice from the new company.

[texas1235]

Thanks Shervin, So, lets say my company decides to revoke it in next 45 days. And I have returned back to India by then. Then after a year or so, I find a new H1b sponsor, I still can transfer my H1b to them by providing the I797 notice, correct ?

[shervin143]

Well, a revoked petition cannot be transferred. Actualy the new comany will have to file a new H1B on the current CAP (So you don't have to wait until April to file the petition). In order to prove that you were already CAP counted, you can provide a copy of your existig approval notice to the new employer.

Thanks Shervin, So, lets say my company decides to revoke it in next 45 days. And I have returned back to India by then. Then after a year or so, I find a new H1b sponsor, I still can transfer my H1b to them by providing the I797 notice, correct ?

[shreeni123]

Well, a revoked petition cannot be transferred. Actualy the new comany will have to file a new H1B on the current CAP (So you don't have to wait until April to file the petition). In order to prove that you were already CAP counted, you can provide a copy of your existig approval notice to the new employer.

Hi, I have a similar problem here. My employer wants to transfer me back end of this month. I will be on bench in India. If I get laid off on bench, my employer will revoke my existing petition. My visa from old employer is still valid. My question here is, even if my present employer revoked my current petition when I am in India, can I still get a new employer to file a cap exempt petition for me and I can still travel with existing new petition and already stamped valid visa which has some other employers name and petition number? Thanks Shree