Leaving and returning to USA on H1

[ramvin]

I am right now in a job on H1 status for the past 10 months and I did not go for stamping yet. I am planning to leave USA and go back to my home country (India). I would appreciate some advice on the below.

1. What are the procedures I need to complete before leaving USA?

2. My H1 visa is active till 2011. Does my employer need to cancel my H1 or leave it active? Is it going to be an issue if my H1 is not cancelled?

3. Do I need to inform any official agency about my leaving the country (like post office, IRS, SSN office, bank, health insurance company, etc)?

4. Do I need to surrender my driving license?

5. Should I give a resignation letter to my employer or just inform my employer that I am leaving?

6. In case my H1 visa is left active (till 2011), is it possible to come back to USA after 1 year after getting my stamping in India and work for the same employer? If yes, what is the process to come back after a year?

[Subramanya]

I am right now in a job on H1 status for the past 10 months and I did not go for stamping yet. I am planning to leave USA and go back to my home country (India). I would appreciate some advice on the below.

1. What are the procedures I need to complete before leaving USA?

---- You at least need to inform your employer about it

2. My H1 visa is active till 2011. Does my employer need to cancel my H1 or leave it active? Is it going to be an issue if my H1 is not cancelled?

---- If you resign your job on H1, then the employer is obligated to inform the USCIS about the status of your H1 as they are no longer paying you

3. Do I need to inform any official agency about my leaving the country (like post office, IRS, SSN office, bank, health insurance company, etc)?

---- It is better to inform some of them like the Post Office, so that they can forward your mail to a different address. Enquire with them if they will forward your mail to an address overseas. IRS - NO. SSN - NO, Bank - NO if you are gong to return to US at a later date. However, after a period of inactivity they will close the account and that depends on the bank. Health insurance - YES, so that they stop expecting payments from your company for your health needs

4. Do I need to surrender my driving license?

---- NO

5. Should I give a resignation letter to my employer or just inform my employer that I am leaving?

---- If you are leaving the country for good, then YES. Otherwise talk to your employer for a long leave of absence. Do not assume that they will know

6. In case my H1 visa is left active (till 2011), is it possible to come back to USA after 1 year after getting my stamping in India and work for the same employer? If yes, what is the process to come back after a year?[/QUOTE]

---- If you leaving the US for good after resigning your post, you going and getting your visa stamped is illegal and moreover your H1 will be revoked by your employer. If the H1 is cancelled by the USCIS, the US Consulate in the country where you are seeking a visa interview will know about it by accessing the website and the interview will become a fraud on your part

Subramanya