H1B Stamp with Old Approval

[snrn]

I'm planning to take a two year break and move back to India, and plan to re-enter US with the current employer later. My current H1B visa expired but the new H1B approval is valid and will remain valid for close to 3 years (renewed beyond 6-years based on i-140). If I plan to get H1B stamping after two years, close to my time of re-entry, can there be an issue in getting the visa stamp (assuming same job/location/company etc.)? Or is it better to get H1B stamped now (a short travel sometime before my moving back) if it can help me re-enter later?

Thanks in advance.

[gopalakrishnach]

As per law once you resign and stop working for the employer they need to let USCIS know and revoke approved H1B.

You need new H1b approval outside lottery and have H1B visa stamp and come back into USA.

Edited October 15, 2020 by gopalakrishnach

[snrn]

Thanks for the response!

I have GC application with priority date June 2010 in EB2. I read H1B may not be renewed/issued once final action date is current. Is this true? I checked with two attorneys and got conflicting opinions. One said H1B would be renewed for 1-year instead of 3-years, and the other said H1B it would not be issued/renewed when final action is current.

I know I'm not seeking legal opinion here but I would appreciate any inputs! I could go for consular processing when my priority date is current if my old employeer is willing, but I'm trying to see if I can come into US for AOS with a different employer on H1B.

Thanks in advance.

Edited October 24, 2020 by snrn