Approved H1 for 3 years how to go to India for 2 years and come back again to US

[ilyas2019]

Hi All,

Can someone please suggest.

 

My Situation:

I have approved H1 for 3 years and visa stamped for 3 years and also my I-140 has approved. I have 2 years left from my 6 years duration.

Now due to family issues I need to go back to my home country but I will come back after 2 years.

 

My Questions:

1.       What will happen to my approved I 140?

2.       What will happen to my approved H1?

3.       Can I come back to US with same H1?

4.       Do I need to have same employer to come back to US?

5.       In India if I work for different employer (like Infosys or TCS) can they do H1 transfer while I am in India?

6.       If my current employer revoked my current H1 as soon as I quit. Can different employer use Cap exempt or Do I need to apply for fresh H1?

7.       What are the different ways to come back to US without going through the lottery system again?

 

Thanks in advance.

[NotAnAttorney]

1. If it's approved and active for at least 6 months, even if the employer withdraws it, it won't be revoked.

2. When you decide to come back, existing or new employer have to do necessary filing based on work location, get visa stamped and then you ready to enter US again.

3.You will not need to go thru lottery/cap filing.

4.can be same or a new employer can file cap-exempt.

5.yes they can

6.yes it is still cap-exempt.

7.you need not go thru lottery, as you have not used all 6 years. Also as you have approved i-140, any or same employer can file extension based on i-140.