H1B extension expire

[Sundar Chum]

I have h1b petition which is valid till Aug 2016. I wanted to understand the process if the following situation occurs. If my current company is not willing to extend/renew the current petition and consider i move back to my country during July end and the petition got expired in August . If I switchover to a new company and again if I want to come back to USA for work permit. What are the options ?

[raghvi]

I have h1b petition which is valid till Aug 2016. I wanted to understand the process if the following situation occurs. If my current company is not willing to extend/renew the current petition and consider i move back to my country during July end and the petition got expired in August . If I switchover to a new company and again if I want to come back to USA for work permit. What are the options ?

You can find a new employer willing to sponsor your H1 petition. You would be considered cap exempt and need not go through fresh cap/lottery as you are already cap counted in last 6 Years. What you need to provide the next company is a copy of your current I797 Approval Notice, they would in turn file a LCA as per the location of their job requirement in US, and then use the current copy of I797 to file their own I129 and claim cap exemption to USCIS. USCIS upon approval, will issue a new I797 with new company name. You can use the new I797 to schedule an appointment to go for fresh visa stamping.

This is my opinion not legal advice.