On H1B but planning to resign

[tech1978]

Hi

          My spouse is working in US and on H1B. We are in india. He don't want to continue there. He is planning to resign and come back.

          we want to visit US to meet him and tourism purpose. I have got H4. But its not possible for him to get 10 days leave. So he is planning to resign and after his last day is over visit different places in US.

         So my question is that is it allowed to resign and stay here for 10-15 days ? and  then go back to India.

[omshiv]

COS to B2

[tech1978]

What happens in following cases

1. If he does COS to B2 can he still be considered as H1B holder for transfer of visa from one company to another in future?

 

2. If he resigns as it is (without COS to B2) and) comes immediately to India, then, Is his H1B visa is valid ? and if needed can he apply for another job in future in US if visa is not expired (so that his new company will initiate transfer) ?

 

Please let me know.

[jairichi]

What happens in following cases

1. If he does COS to B2 can he still be considered as H1B holder for transfer of visa from one company to another in future?

 

2. If he resigns as it is (without COS to B2) and) comes immediately to India, then, Is his H1B visa is valid ? and if needed can he apply for another job in future in US if visa is not expired (so that his new company will initiate transfer) ?

 

Please let me know.

1. He still could move to new employer but cap exempt H1B petition would be approved as consular processing.

2. By law employer has to revoke H1B petition after quitting. It will not affect future employers from filing a cap exempt H1B petition anytime to get the remainder years on H1B.