H1b validity, transfer options after going back to india

[taxsaver]

I have current h1b visa validity from 10/2009->09/2012. Say I return to India in 10/2010.

1. So if my current US based employer *revokes* my H1 once I leave for India, this does not cancel my H1b visa and its validity. If later on, sitting in India, I want to transfer h1b to another employer in the US, the previous *revocation* does not hurt me. Correct?

2. Sitting out of India, I can transfer (not subject to cap) my old h1b to another willing sponsor in the US, even if my h1 *visa* has expired, my h1 has been revoked by my old employer, and I have never worked for my new employer before?

Thank you much!

 

[ginnu]

I have current h1b visa validity from 10/2009->09/2012. Say I return to India in 10/2010.

1. So if my current US based employer *revokes* my H1 once I leave for India, this does not cancel my H1b visa and its validity. If later on, sitting in India, I want to transfer h1b to another employer in the US, the previous *revocation* does not hurt me. Correct?
---------------------If your current employer revokes your H1 then your H1 is not valid and H1visa stamp is also not valid. H1 transfer cannot be filed from India for H1 transfer you need to be on H1 valid status in US and new employer file H1 transfer for you.2. Sitting out of India, I can transfer (not subject to cap) my old h1b to another willing sponsor in the US, even if my h1 *visa* has expired, my h1 has been revoked by my old employer, and I have never worked for my new employer before?
----------------------- if the H1 Visa stamp is expired and you have valid I-94 then new employer can file H1 transfer if you are in US on valid H1 status and have latest 2-3 pay stubs. If your H1 is revoked by your Present employer then new employer cant file H1 transfer as you are not on valid H1 status.
Thank you much!

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[taxsaver]

thanks ginnu. I understand that the h1 *transfer* cannot be initiated from india. But i also heard that sitting out of india, another sponsor (for whom i have never worked for) can apply for a *new* H1b for me, based on my previous H1 and the fact that on my previous h1, i was only present in the US for 1 year, so have 5 years remaining. Also, the new application will be exempt from lottery (if any) and can be filed and activated anytime of the year(not subject to the file in april and start work in october limitation). Is that true??

Thanks for your help!