I am in US with a H1B visa which expires in sep 2013. My employer has filed an extension for me. I will be back to india in June. If the approval of the extension comes by sept and I don’t get the stamping done for the extension, can i still apply for a job in a different US company while being in india? What documents would i need? I am sure that my current employer would revoke the petition once i resign.
If you are in India and your employer lets you go, then another employer can file a cap-exempt petition for you. You will need copy of previously approved petition, 3 most recent payslips when you were working in US and W-2s (if applicable) from previous H-1 term. All other documents belong to you and new employer and are same as initial H-1 filing.
This holds true even if the employer has withdrawn the H-1 petition.
My employer would most likely not give the approval I-797 of the petition extension(I have a copy of the current petition). They normally give it only when we go for stamping. Can anything be done without that so that i can get a cap exempt H1?
Having the copy of the current petition is also sufficient. You need copy of at least one of the approved petitions to show that you have made through the cap. Doesn’t matter if it is the extended one or the original one.