Dual H1

[CrazyH1]

One of my friend is going for H1B Stamping. He works as contractor until end of Dec 2011 and moved to FTE and got H1b transferred.His First H1b is not cancelled yet.

1st H1B validity-- Dec 2013

2nd H1B validity --Dec 2014.

Now the Question

1. Is there any issue if the first H1b is not cancelled. What he need to tell if VO asks why your 1st H1b cancelled. Is it legal to keep H1b like that ??

2. If some thing gone wrong with FTE and got 2nd H1b is cancelled.. So can he activate his first H1b immediately or is there is any issues for that??

[JoeF]

Any company with a clue would cancel H1s for people no longer working there.

Besides the fact that it is required by law, it is also important because there is a court decision that a company that does not cancel old H1s may be liable to pay the salary of the people on H1, even if they no longer work there.

This won't come up during visa stamping, though.

[pontevecchio]

1. US Law mandates that the employer revokes the H1 if the employee leaves. This has nothing to do with the employee.

2. What activation? If the employer is fool enough to not revoke the H1 and feels responsible enough for the interim pay there is no issue.

[rahul412]

Any company with a clue would cancel H1s for people no longer working there.

Besides the fact that it is required by law, it is also important because there is a court decision that a company that does not cancel old H1s may be liable to pay the salary of the people on H1, even if they no longer work there.

This won't come up during visa stamping, though.

Out of curiosity, how does an employee know whether his/her previous H1B is revoked?

[JoeF]

Out of curiosity, how does an employee know whether his/her previous H1B is revoked?

By asking the old employer...

[pontevecchio]

Since revocation of the H1 is an administrative requirement after a H1 employee leaves why would one need to know? It does not affect the employee at all. Usually one assumes that things mandated by law are automatic and not the reverse.