H1B Visa Stamped but H1B Petition got Revoked.

[NareshRam]

Hi,

Recently I went for H1B Stamping in Mexico and my visa is Stamped and valid until July 2026, after coming back to USA my H1B approved petition was revoked due to some check issue (Will my Visa also be revoked?) and my employer re-filed my H1B petition and it is approved.

Due to an emergency I have to travel to India, Can I Travel to India and come back to USA with my existing Valid Visa and with a New Approved H1B (I797A) at Port of Entry? or do I need to go again for Visa Stamping with my New H1B Approved Petition?

Please Advise.

Thanks.

 

[Attorney_20]

You should still be able to use the visa stamp with a new I-797 petition approval even if the prior petition was revoked because the check didn't clear.

[NareshRam]

Thanks for the quick response. 

[NareshRam]

@Attorney_20
I have received the official 'Notice of Revocation' and it states "USCIS has revoked your benefit as required by section 103.2(a)(7)(ii)(D) of Title 8 of Code of Federal Regulations because your check, money order or credit card submitted as payment was not honored by the financial institution"

"You are required to return any benefits or authorizations (e.g .., cards, travel documents) that are associated with your application or petition that were issued with the approval of this benefit to the address given (Vermont Service Center) "

With this petition only i went for H1B stamping and visa visa is stamped and valid until July 2026. Employer Refiled for new petition and it got approved. As per above statement, Will my visa still be valid which i went with old petition (Revoked)??

Edited October 27, 2023 by NareshRam
Made small wording changes and attachmnet

[NareshRam]

@Attorney_20 @Attorney_24

Could you please respond? This information is important for my travel. 

[Attorney_20]

Feel free to schedule a consultation with an immigration attorney to discuss your specific matter in detail.