Does unused H1B visa term be void after leaving a US based company?

USA H1B
#1

I am on my 4th year of H1B Visa (with H1b extension stamped, Year 4 to 6) and if I quit my current USA based employer in order to relocate back to India for time being and since my employer has no offices in India, will my H1B visa my void/revoked after resigning my employer although I still have around 2 more years of unused visa period unused? If not, will I be able to use this unused period with a different employer who can sponsor when I want to return back to USA?

All and @anil_am22 - Will appreciate your inputs here as I am planning to take this call within a month. Thanks!

#2

This one is a bit tricky. If you decide to come back working for same employer, this can be used - unless, it’s revoked by the current employer. You might have to provide evidence for the job being offered to you.

For other employer too you can work as long as you have H1B approved within last 6 years (you will find conflicting views on ‘last 6 years’). You will get the balance period to work for new employer (and not full 6 years).

This is my understanding. Others in forum can chime in, else reaching out to an expert/attorney is advisable.

#3

Thanks for your response. Is it mandatory for employers to revoke H1B of resigned employees? If yes, once revoked the unused term (say 2 years in my case) can’t be used even with a new petition from a new employer in the future?

#4

I was quoting ‘prior 6 years’ from INA 214(g)(4)

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However, looks like this was amended and this is what I see. So this unused period can be recaptured at anytime and not just prior 6 years.

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1 Like
Approved H1B(first time ) but never activated. Is it valid for transfer?
#5

You will be able to use the remaining two years anytime and with any Employer in future.

Employer is obligated to withdraw the H1B as and when you leave them but your H1B is not completely lost. You can still use it to file H1B transfer and come back to US.

Approved H1B(first time ) but never activated. Is it valid for transfer?
#6

@anil_am22 : Thanks, a few follow up questions:

  1. Does that mean I can use remaining two years with any future employer in India who can sponsor for H1B at any point before or after the year 2023? My current Visa is valid until August 2023.
  2. Upon resignation, once my current employer withdraws the Visa are there any actions I need to take to be able to use the remaining period?
  3. Should the new employer file a new petition to file H1B transfer (any lottery/or just regular transfer) or use the same petition albeit it will be withdrawn?
#8

Each Employer has to file their own H1B application. They can only refer to the previous (withdrawn or not) H1B to prove that you were counted in the H1B cap.