Unable to travel back to US due to personal reasons

[aravind605]

Hi - I have an H1B approved petetion till 2018 and was working in USA on that.I travelled back to India last week on vacation and was supposed to return back to USA in 3 weeks.
I also planned my Visa stamping next week in Chennai.Now,due to some personal reasons with my parents health,i will not be able to go back to USA alteast for a year.

I have the following questions.

1. Can i resign my company in USA from India now,does it have any issue like out of status.I was working till the last day i was in USA and then on vacation for this month.
2. Can i still go ahead and have my visa stamping done till 2018 or leave it now as i will be anyway resigning from that company as i will not be travelling to USA at least for a year. Note : That company have office only in USA and no Indian base.

[raghvi]

Hi - I have an H1B approved petetion till 2018 and was working in USA on that.I travelled back to India last week on vacation and was supposed to return back to USA in 3 weeks.
I also planned my Visa stamping next week in Chennai.Now,due to some personal reasons with my parents health,i will not be able to go back to USA alteast for a year.

I have the following questions.

1. Can i resign my company in USA from India now,does it have any issue like out of status.I was working till the last day i was in USA and then on vacation for this month.
2. Can i still go ahead and have my visa stamping done till 2018 or leave it now as i will be anyway resigning from that company as i will not be travelling to USA at least for a year. Note : That company have office only in USA and no Indian base.

1. As you are outside US, you currently dont have a "status" as such. As for resigning, you would have to check the company policies if there any notice period or such.
2. If you are not working for the employer dont see a point in doing so.

This is my opinion not legal advice.

[aravind605]

Thanks Raghvi.

1. As you are outside US, you currently dont have a "status" as such. As for resigning, you would have to check the company policies if there any notice period or such.
2. If you are not working for the employer dont see a point in doing so.

This is my opinion not legal advice.

Thanks Raghvi for your response.

I went ahead and submitted by resignation and my employer accepted it.They told they will go ahead and initiate the process to revoke my H1B as i no longer work with them.


Since i will be in India for a year now,can i find an employer in India and transfer my H1 to them(may be a year later when i am ready to come back to USA) even though my old H1 is revoked by employer?

or do i need to again go through the lottery and apply for new h1?

[raghvi]

Thanks Raghvi for your response.

I went ahead and submitted by resignation and my employer accepted it.They told they will go ahead and initiate the process to revoke my H1B as i no longer work with them.


Since i will be in India for a year now,can i find an employer in India and transfer my H1 to them(may be a year later when i am ready to come back to USA) even though my old H1 is revoked by employer?

or do i need to again go through the lottery and apply for new h1?

Its possible if you have the approval notice with you. You need not be part of lottery if there is time still remaining on your H1 (that is you havent spent entire 6 Years in US in H1), you need not go through lottery till 2022 (6 Years from last held H1 status).

This is my opinion not legal advice.