Is my H1 considered ACTIVE since I'm with same employer (subsidiary) or deemed INACTIVE since out of US now? I don't mind if current H1 gets cancelled as there are no immediate plans to go back US. I'm looking for answers on any impact of current H1 cancel (if it happens) on
- Renewal with same employer in 2023
- Transfer to different employer after 2023
- I485 Consular processing filing if/when dates become current
- B implies non-immigrant intent while H/I140 implies immigrant intent so both conflict.
I see many folks
- who got H after B (approved/rejected)
- got B after moved to Canada leaving US job so their H stamp is no longer valid (no use cases who went back US again on H after getting B)
- got B after moved to Canada with same employer but no GC initiated or I140 approved with the employer
- got B after H1 clock 6yrs expired
If you are not on US job then there is no impact technically.
And again, as said earlier, you dont have control over H1 visa cancellation when consulate adjudicates your B visa application.
There is no renewal/transfer when you are not on H status. It will be of new H without quota based on approved 140.
GC final stage consular processing is nothing to do with earlier H or B visa applications. Every application's situation is different hence as long as you are qualified for the visa you seek, there is no issue on what was previous outcomes(except that previous rejections will have more scrutiny on current visa application).
You cannot compare with the combinations of what visa others got and what visas they didnt get. Your situation is not same for others.
For all visas you should be contacting your employer to seek better judgement to avoid any contradiction with their plans instead of asking here first. Some teams might hesitate and advice not to go for B when you would try to apply for H or immigrant visa in the next few months or a year. So check with your employer's immigration team.