Relocating to India on H1B

[techie101]

Hi,

I have a H1B visa which is valid till Nov 2022. I plan to relocate to India with my company for 1 year. I will be moved from US Payroll to India Payroll to the Indian team of my company. 2 questions:

If I plan to come back to the US before expiration of my H1B say in Jan 2022, can I come back on my existing H1B? Will I need to go through the lottery again?

If I plan to come back to the US after my H1B expires say in Jan 2023, will I have to go through the lottery or can I apply for an extension on my old H1B?

Please advise!

[rkk09]

Hi,
Please see my response below.
If I plan to come back to the US before expiration of my H1B say in Jan 2022, can I come back on my existing H1B? Will I need to go through the lottery again?
Answer: No.. You can come back any time during your H1B validity period.. But, Please make sure, you will have Visa during these time.. If not, you will need to get visa stamping at consulate in order to travel back to USA.

If I plan to come back to the US after my H1B expires say in Jan 2023, will I have to go through the lottery or can I apply for an extension on my old H1B?
Answer: Yes. You can apply new H1B but it will not come under H1B CAP lottery.
Thanks