Relocating to India.

[new_aspirant]

Hello to All,

Currently I am working with company A. I am planning to relocate to India and my current H1 visa is expiring on Oct 2 2011. My GC is being processed and I – 140 is clear. I informed My Company ‘A ‘about this decision and they told me that they need to cancel my H1 B visa as soon as I move out of country. and company. They have an office in India also. I have following questions.

1)What will happen to my H1 once I move out of US.

2)Is there any way to save my H1 and Green Card process? In case if I want to return to US before October 2011 through same company A.

3) Please give some suggestions what I should do before going out of US so that I can return if I need to.

Thanks in advance.

[shervin143]

1)What will happen to my H1 once I move out of US.
>>> If the employer revokes the petition, then the petition becomes invalid. However, you can file a H1B petition through the same or different employer in the future and use the same CAP to request an immediate start date. With the new petition and a valid H1B visa, you can return back to U.S.

2)Is there any way to save my H1 and Green Card process? In case if I want to return to US before October 2011 through same company A.
>>> Read the above answer. GC is for future employment. Your employer, if willing can continue with the GC process.

3) Please give some suggestions what I should do before going out of US so that I can return if I need to.
>>> Take a copy of your existing approval notice. You can use that to file a new H1B petition with other employers using the same CAP. Take a copy of your I-140 approval. You can use that to recapture the priority date in case you return back to work for a different employer and start the GC process all over again.