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Does a Visa Cancellation during the Voluntary Return at the Port of Entry means the whole H1 petition is being revoked??

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My Brother was travelling to US with a valid H1B Visa stamped & i797 petition from an employer "A" for the very first time but before the travel he has also started an H1 Transfer with a new employer "B". Thus, when he started from India, the H1B Visa, i797 petition, LCA & everything was with respect to the Old employer "A" and the New H1 Transfer petition was still in processing but While he was in the air (travelling), the new H1 Transfer petition has been approved. Thus, When he arrives at the port of entry, my Brother was not aware that, the new petition has been approved, so he answered them (like as if he is going to work for the old employer "A") about the projects, client, work location everything with respect to the Old employer "A" but after all these, he ended up in getting back to India (because the newly transferred petition is approved which has different employer & client details and every answers that he would have given became non-sync) with an option which says "Cancel current Visa and go back voluntarily so that he can visit with a new one whenever the process is complete". So, my question is: does the above option means the whole H1 petition is provoked & he has to start a new H1 filing?? or is it like, my brother has to just stamp a new H1B Visa for the newly approved petition from the new employer "B" received through the H1 Transfer?? Kindly please help me to understand this situation & let me know what my Brother can do to get back to US for work. Thank You!

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So, he lied at the POE. He wasn't going to start working for the old employer, he just pretended to. That is the main issue, not if the new petition was revoked. Visa and petition are two different things, btw. His visa was canceled, not the petition.

He probably will have a hard time getting a new H1 visa. Lying to immigration officials is a very bad thing.


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A "transfer" is merely a new non cap H1 petition. There is no obligation to work for the new employer who gets a H1 petition approved. So it begs the question of why he did not want to join A. The story does not add up. He needs to consult the firm of Murthy or any of his choice with actual facts.

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Usually POE officers cannot revoke a uscis petition. They can however revoke the visa. He can try going back to consulate and attempt another visa by new employer.

Looks like all facts of the case are not specified here. POE officers doesnt just send you back on something like this. The passport presented to the POE had employer A listed with an approved h1b petition. 

I would get the facts straight with the help of an immigration attorney. Nobody knows what exactly happened and can guess for you except your "brother".



Edited by xTDx

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