Best way to resign H1B visa job and later apply for cap exempt H1b new petition

[[email protected]]

Hello all,

I am in USA for past 2 months on H1B visa, and due to personal emergency (can wait for another 2 weeks), I need to go back to India and will not be able to continue job there as well for few months. May be after this period and getting emergency issues sorted out, I am looking to find a new employer who can sponsor H1b petition that is cap exempted. With this, what is the best way to resign? Resign in USA and go back or go back to Indian employer and resign there in India?

Thanks

[raghvi]

Hello all,

I am in USA for past 2 months on H1B visa, and due to personal emergency (can wait for another 2 weeks), I need to go back to India and will not be able to continue job there as well for few months. May be after this period and getting emergency issues sorted out, I am looking to find a new employer who can sponsor H1b petition that is cap exempted. With this, what is the best way to resign? Resign in USA and go back or go back to Indian employer and resign there in India?

Thanks

Resign as per the employment contract.

This is my opinion not legal advice.

[[email protected]]

Resign as per the employment contract.

This is my opinion not legal advice.

Thanks Raghvi, but as I said, it is an personal emergency so I need to go back to my home country. Please suggest one option (resign in US, or resign in home country) so that later (after resolving my personal needs) if I need I can apply for cap exempt H1b petition. Also there is no contract on no of days of work stay in US or overall employment with my company.

[raghvi]

Thanks Raghvi, but as I said, it is an personal emergency so I need to go back to my home country. Please suggest one option (resign in US, or resign in home country) so that later (after resolving my personal needs) if I need I can apply for cap exempt H1b petition. Also there is no contract on no of days of work stay in US or overall employment with my company.

Your resignation method/location is not related to being cap exempt or not. As long as you have a copy of the approval notice, it is proof enough of you being cap counted.

As for no contract, I fail to see how a clause was not defined regarding resignation, difficult to imagine HR leaving such a gaping hole that an employee can walk out as per his/her wish. But if it is not there, you can resign pretty much anywhere, make sure you get your experience certificates and final settlement.

This is my opinion not legal advice.

[[email protected]]

Your resignation method/location is not related to being cap exempt or not. As long as you have a copy of the approval notice, it is proof enough of you being cap counted.

As for no contract, I fail to see how a clause was not defined regarding resignation, difficult to imagine HR leaving such a gaping hole that an employee can walk out as per his/her wish. But if it is not there, you can resign pretty much anywhere, make sure you get your experience certificates and final settlement.

This is my opinion not legal advice.

Thanks once again raghvi for your response. The reason why I was checking is that, if my employer revokes H1b, will it be a problem for next time I go for cap exempt H1b approval by new employer (after I sort out my personal issues)?

Regarding contract, yes it is at-will employment with 2 weeks notice period in US.

[raghvi]

Even if employer revokes H1, you would still be considered cap exempt.

This is my opinion not legal advice.

[sp7]

H1b issue

i need some sugegstions on H1 process.

1- i am in H1B now from last 3 months , but wanted to rush back to home due to some family medical emergency , i got
my last 4 paystubs ... i am not sure whether the situation allows me to come back or not .. can my H1B is still valid ? can my employer told USICS that i left without informing them (absconding) and can USICS cancelled my Visa with that comment in future?

2- Lets say , how long can i stay in my next trip to india ? lets say , i consumed 3 months now from H1B , can i come USA after 5 years with the same petition with H1B TRANFER .or is there any time frame , after which my Visa will be invalid ... currently it is valid till december 2017 , can i come USA in 2020?

3- lets say after 8 months , i want to come back to USA , can i transfer H1B (WITHOUT coming again to lottery) this from india ?

4 - is there any problem if i will resign from india ? because i am not sure about my return.