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arjunmca

Is H1b visa valid after H1b petition cancellation

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Hi,

If H1b petition I-797 cancels, H1b visa also be cancelled automatically?

I have two valid I-797's till Sep 2015. I went for stamping with employer A I-797, visa approved till Sep 2015, came to US. But after two and half month employer A cancelled my H1b due to some issue.

My questions are

1) Is employer A visa still valid till 2015 even after H1b cancellation?

2) To get status, can i go out of the country and come back with employer A visa and employer B I-797 or do i need to go for stamping with employer B I-797 petition?

Please let me know.

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You can come back with your old visa and new I 797. Keep in mind that you are out of status if you are not working, and hence this may create issues in future applications unless you apply for a COS to another visa category.

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You can come back with your old visa and new I 797. Keep in mind that you are out of status if you are not working, and hence this may create issues in future applications unless you apply for a COS to another visa category.

The employer declared layoff immediately. He didn't give notice. In how many days i need change my status after loosing the job.

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H1b status is no longer valid once there is no employment. Changing status to a visitor visa would be the best option. Check with a good attorney regarding your next course of action.

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You can come back with your old visa and new I 797. Keep in mind that you are out of status if you are not working, and hence this may create issues in future applications unless you apply for a COS to another visa category.

@txresearcher,

Thanks for your response. Please look into my problem clearly.

I have two I-797s from two different employers A,B till 2015. I went to stamping with employer A and visa got approved. Since employer A cancelled H1b, why can't i get status with employer B old petition by going out of the country and coming back with employer A Visa?

To get status with employer B the below two options will work for me?

(1) Going out of the country with employer B I-797 and coming back with new I-94.

(2) Being in the country applying for change of status from employer A to employer B.

Please confirm that both options will work or not and which one is best?

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