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On H1B - 2months in U.S. - Travel back to India - personal issues

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  • On H1B - 2months in U.S. - Travel back to India - personal issues

    Dear Friends,

    I am currently on H1B in U.S. and is just 2 months now, through a company A.
    But unfortunately, due to personal issues, I would like to travel back to India and continue working from India through a company B.

    Question is: Does my employer A can apply for H1B visa rejection?
    Is there any scope to cancel/apply for my visa rejection?
    I have learnt that, I have to give back my original I 797 and original H1B petition?

    In case, If I would like to come back after an year or So, Do I require these original copies?
    Or a new employer can file H1B transfer using the copies of I797 and petetion?

    What are the other things that I should take care in case if I would like to reenter after an year or 2.

    Your assistance on this would be highly appreciated.


    Thanks a ton!

  • #2
    Originally posted by H1B_Transfer_Info View Post
    Dear Friends,

    I am currently on H1B in U.S. and is just 2 months now, through a company A.
    But unfortunately, due to personal issues, I would like to travel back to India and continue working from India through a company B.

    Question is: Does my employer A can apply for H1B visa rejection?
    Is there any scope to cancel/apply for my visa rejection?
    I have learnt that, I have to give back my original I 797 and original H1B petition?

    In case, If I would like to come back after an year or So, Do I require these original copies?
    Or a new employer can file H1B transfer using the copies of I797 and petetion?

    What are the other things that I should take care in case if I would like to reenter after an year or 2.

    Your assistance on this would be highly appreciated.


    Thanks a ton!
    Employer can only revoke their H1 petition, they cannot cancel your H1 visa already stamped in the passport. Any future employer can file a cap exempt petition for you, you just need to provide them a copy of your I797.

    This is my opinion not legal adive.

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