Seeking H1B visa surrender Process.

[seekhelp1]

Hi,

I am on H1b Visa and due to personal reason, i would like to surrender my visa to US immigration.
or in other word i want to quit my job and go back to backhome country.

my question is does any body know what is exact process or Steps to surrender my H1 visa and how long will it take from start to end ?

what are precaution i should take while surrendering and how would i let my employer know about it ?

really appreciate if some one can guide me though this process.

Thanks

[mickey_mouse]

There's no "surrender process". Just tell your employer you plan to quit and go back to your country - he will ask the USCIS to cancel your visa.

[shervin143]

There is no such thing as cancelling the visa by the employer or USCIS. The visa can be cancelled only by the consulate.

If you are no longer interested in continuing to work for the H1B employer, then just let the employer know that you would like to quit and leave the country. Make sure you return your I-94 at the airport when you leave the country. The employer if required will ask USCIS to revoke the H1B petition. Have a copy of your existing approval notice. It will come in handy later. That is it. There is nothing else you need to do.

[seekhelp1]

Just curious, How long that process takes to actually cacel it by consulate or USCIS once my employer request for it?

once i let my employer know that i want to go back, what is the ideal time period for which i have to stay in US until it gets cancel ?

my whole point is to safely quit (on good terms with employer) so, that i can come back on h1 in future if i want.

[kabkaba]

Like already advised, all you need to do is resign, serve notice period and then leave the US. The nature of your termination depends on your employer and any agreements/contracts that you signed. It is not an immigration matter and has nothing to with your Visa or petition.

Revoking the petition is employer's responsibility and it has nothing to with you, it will not matter to you if that is never done. Visa in you passport will not be canceled unless you apply for another Visa (such as L1) at a US Consulate/embassy.

Irrespective of how the above is done, another employer (or the same employer) can file an H1 petition for you in the future without going through the annual cap until you actually spend 6 years in the US in H1 status. Whether petition is revoked or not and visa is canceled or not does not matter in this regard. In order to obtain cap-exemption you will need a copy of petition approval notice, so keep that with you. You can even use the same existing Visa and new petition approval notice to enter the US if the Visa has not expired at that time.

[mickey_mouse]

There is no such thing as cancelling the visa by the employer or USCIS. The visa can be cancelled only by the consulate.

If you are no longer interested in continuing to work for the H1B employer, then just let the employer know that you would like to quit and leave the country. Make sure you return your I-94 at the airport when you leave the country. The employer if required will ask USCIS to revoke the H1B petition. Have a copy of your existing approval notice. It will come in handy later. That is it. There is nothing else you need to do.

I stand corrected - Mr shervin143 is right - CANCELLATION can only be done by the consulate, REVOCATION would be done by the employer.