Revocation notice was sent after changing Employer before stamping


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On 1/11/2020 at 7:48 PM, shrikant92844 said:

I have changed my employer before stamping. After that my old employer changed my case status to Revocation notice was sent.  

Can my new employer use same case?

You need the approval notice from the new employer to go for visa stamping.

Edited by JoeF
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On 1/11/2020 at 8:48 PM, shrikant92844 said:

I have changed my employer before stamping. After that my old employer changed my case status to Revocation notice was sent.  

Can my new employer use same case?

Give some details if you have a genuine question and then except an answer.

When did you change jobs? Did new employer file a new petition for you and when?

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Stamping has nothing to do with your status in the US. The Old employer by law has to inform that you don't work for his organisation anymore. Him revoking the petition has no bearing on the H1B petition filed by your new employer. If you are asking about going for stamping, once you have left your old employer you can no longer use that petition for stamping, revoked or not. You need to wait for the H1B approval from your new employer.

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8 hours ago, giri26 said:

Stamping has nothing to do with your status in the US. The Old employer by law has to inform that you don't work for his organisation anymore. Him revoking the petition has no bearing on the H1B petition filed by your new employer. If you are asking about going for stamping, once you have left your old employer you can no longer use that petition for stamping, revoked or not. You need to wait for the H1B approval from your new employer.

I have to wait for next lottery season or I will get cap exempt.

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10 hours ago, User099 said:

Give some details if you have a genuine question and then except an answer.

When did you change jobs? Did new employer file a new petition for you and when?

I have changed my job in March 2019. Case status is changed to "Revocation notice was sent in Jan 2020. My new employer have not filled petition yet. Can my new employer file petition now?

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On 1/14/2020 at 5:41 AM, shrikant92844 said:

I have changed my job in March 2019. Case status is changed to "Revocation notice was sent in Jan 2020. My new employer have not filled petition yet. Can my new employer file petition now?

Wait, what!

You changed job in March 2019 and your new employer has not filed for a transfer petition YET ? If that is the case, then you need to talk to an immigration attorney ASAP. Your stay is illegal. 

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On 1/14/2020 at 9:11 PM, shrikant92844 said:

I have changed my job in March 2019. Case status is changed to "Revocation notice was sent in Jan 2020. My new employer have not filled petition yet. Can my new employer file petition now?

How did you change jobs without filing a H1B petition? I am really confused. If you changed your job in March 2019, how does it matter if your old employer revoked your old H1B. If you are working for your new employer without filing a H1, you are out of status and in deep trouble now. You cannot work for a new employer with old employers H1. I suggest you consult a good immigration lawyer.

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On 1/14/2020 at 9:08 PM, shrikant92844 said:

I have to wait for next lottery season or I will get cap exempt.

You have to contact a immigration lawyer. You are stay in US is illegal if what you are saying is true. You cannot work for a new employer on an old employer petition. How does any H1B hiring company not know this? Contact a immigration law firm immediately.

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On 1/14/2020 at 7:51 AM, giri26 said:

Stamping has nothing to do with your status in the US. The Old employer by law has to inform that you don't work for his organisation anymore. Him revoking the petition has no bearing on the H1B petition filed by your new employer. If you are asking about going for stamping, once you have left your old employer you can no longer use that petition for stamping, revoked or not. You need to wait for the H1B approval from your new employer.

 

On 1/17/2020 at 2:55 AM, giri26 said:

You have to contact a immigration lawyer. You are stay in US is illegal if what you are saying is true. You cannot work for a new employer on an old employer petition. How does any H1B hiring company not know this? Contact a immigration law firm immediately.

I am not staying in US and never had visa. My application of H1B is in "Revocation notice was sent". Can I use this for new LCA? Or I have to go from same lottery process again.

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28 minutes ago, shrikant92844 said:

 

I am not staying in US and never had visa. My application of H1B is in "Revocation notice was sent". Can I use this for new LCA? Or I have to go from same lottery process again.

If you never had a visa and never were in US before on H1, you will have to go thought the lottery again. 

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On 1/24/2020 at 2:37 PM, shrikant92844 said:

 

I am not staying in US and never had visa. My application of H1B is in "Revocation notice was sent". Can I use this for new LCA? Or I have to go from same lottery process again.

If you were never in US. None of that matters to you. You will have to file a new H1B with the new employer and would have to go through the lottery. You cannot use anything from the previous employer as you never worked on that H1B.

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  • 1 month later...
On 1/29/2020 at 5:50 AM, giri26 said:

If you were never in US. None of that matters to you. You will have to file a new H1B with the new employer and would have to go through the lottery. You cannot use anything from the previous employer as you never worked on that H1B.

Current status of my case is "Revocation notice was sent". Will this impact to new cap application?

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