H1B max out quires

[[email protected]]

Hello,

I am here on H1B from last 3 years and last H1B extension is expired on Dec 31, 2017. Currently the extension is in progress for premium process with RFE responded today(19th April 2018). I am planing move back India for couple of years and thinking to join different Indian company. Once I resign, my company will withdraw my in progress or approved Visa. Could you please clarify on below quires if possible.

1. Do I need to resign my current job after h1b gets approved? if I do it before, will petition affects my future H1B filing (explained in question 2) as company is going to withdrawn the same?

2. If I decide to come back after 2-3 years to US, do I need go through lottery process again or can I come with any employer with just filing an extension.


Thanks

[francesjacobgreene]

Hello,

I am here on H1B from last 3 years and last H1B extension is expired on Dec 31, 2017. Currently the extension is in progress for premium process with RFE responded today(19th April 2018). I am planing move back India for couple of years and thinking to join different Indian company. Once I resign, my company will withdraw my in progress or approved Visa. Could you please clarify on below quires if possible.

1. Do I need to resign my current job after h1b gets approved? if I do it before, will petition affects my future H1B filing (explained in question 2) as company is going to withdrawn the same?

2. If I decide to come back after 2-3 years to US, do I need go through lottery process again or can I come with any employer with just filing an extension.


Thanks

As long as you still have some time left on your six-year H-1B maximum, and less than six years passes since you last held H-1B status, you should be able to return to the U.S. in H-1B status without having to go through the cap. That should allow you to use the rest of your six years allowed in H-1B. Regarding the current job, you just need to make sure that you don't overstay your I-94. If you are going to be in the U.S. after the I-94 expires, you need to file an extension before the expiration. As long as you aren't still working for your employer after their withdrawal letter reaches USCIS, the timing of the withdrawal after you quit work won't matter.