Cancellation of H1B

[sksb]

Hey,

Thanks for helping me, by responding to my queries.
Presently, I have a H1B from a X company and I am on leave, but I traveled to US on H4. If I resign from X company, they said they'll cancel my H1B.

1. Now I need to resign by next month, I still don't have a job. If I resign, will my company cancel my H1B petition or just the visa. Fyi, my petition is valid only till this September. May be you might would not know what my company will do in this case, but if any of you had this kind of experience or can tell possibly what any company will do, it would of great help.
   
   If my company cancels only my Visa,
   
2. Where can I check, what status my H1B is in?
3. Will I be able to use the H1B petition after the Visa is canceled?

Thanks.

[shervin143]

If entered U.S in H4 visa, then you are in H4 status and H4 stagus doesn;'t allow a person to work. I am not sure what you mean by resigning a job when you are in H4 status when you are legally not allowed to work.

The employer can cancel the H1B petition any time. The employer cannot cancel the visa (the one that is stamped in your passport).

Even if your employer cancels the H1B petition, it means that you cannot work for that employer. Any other employer can file a new H1B petition using the CAP from the existing petition and request an immediate start date. Upon approvval, you can start working for the new company.

[sksb]

thanks.
My another query is that if my H1B expires which I did not use at all, will I be able to use it again when I get a job by re-applying for H1B. What is the process for that?

[shervin143]

If the H1B petition expires, then a new H1B petition need to be filed. However since you already had an H1B and didn't use all 6 years in that CAP, any employer can file a new H1B petition using the CAP from the expired petition and request an immediate start date. That way, you don't have to go through quota again and no need to wait until Oct 1st to start working.

thanks.
My another query is that if my H1B expires which I did not use at all, will I be able to use it again when I get a job by re-applying for H1B. What is the process for that?