What is the process to come back to USA .

[Raghavendra.tatavarthi]

Hi All

I am with a x company on H1b. My tenure of h1b is still left with 2.3 years. no i140 yet. In this pandemic I lost my mom and traveled to India. Currently I am in india and on loss of pay. So my question is if I resign to current x employer and join Indian company here. What will happen to my h1b status.
And in future if I want to come back to USA. Can I come using h1b out of cap or do I need to come on fresh h1b which go through lottery process.

Can someone please help me.
Thabks

[rkk09]

Hi,
If you had been on H1B status within 6 years then you will be eligible for filing H1B under CAP exempt and can recapture remaining period of H1B validity.
Thanks