H1 visa expired. Request for extension raised and still not approved. Employee transfer during 240 day grace period

Hi all,

Asking for a friend. He travelled to USA when his H1 visa is about to expire in 3 months.

It is through a reputed MNC. Before his H1 is expired, they have raised an extension and it is still not approved.

Now due to a ramp down he moved to bench yesterday. The company has a 10-15 day bench policy, after which he has to fly back to India as per company norms.

Now, the questions are:

  1. Will the extension application cancelled or become void if he travels back to India without it being approved.

  2. Can he resign here in USA and join any form/ consultancy which can offer him a job and can they raise premium processing for him?

Note: No help or premium processing help from company is possible. Asking them to tag to another project temporarily is not an option.

Any help is appreciated. Thanks

Extension of status application may keep processing while the beneficiary is traveling and outside of the US.

Yes, once he leaves the current employer they will withdraw the extension of status application. However the new employer can file a new H1B petition with premium processing.