H1B visa with previous employer but H1B Petetion is revoked


hotelrealdelrio

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Posted

Hi,

I would like to appreciate Murthy forum for giving an oppurtunity to share the right information with right people.

I have a quick question as per below.

I have my Visa for 1 more year with my Previous Employer but he revoked my H1B petetion once i moved to a new Employer.

So my question is, can i travel on previous Visa (even after the H1B petetion is revoked by them ) and with my new Employer H1B approved petetion?

As per legal suggestion, they told that the H1B visa will be invalid once the petetion is revoked by previous Employer & i should NOT travel on my Previous Visa.

Appreciate if any one faced similar situation can share their experience.

Regards,

Prasad

Posted

@hotelrealdelrio: It doesn't matter even your old employer revoked your H1B when you have valid I-797 approved petition from another employer. You can still travel out of country and can show new I-797 in port of entry. I did the same thing in Feb'2011 and didn't face any problem in POE.

Posted

Guyz, Old employer revoked H1 means revoked your I-797 petition but not the visa stamp which is in your passport. So, you can travel even old employer revoked your H1 if your visa with old employer is still valid when you carry new I-797 petition.

Posted

Guyz, Old employer revoked H1 means revoked your I-797 petition but not the visa stamp which is in your passport. So, you can travel even old employer revoked your H1 if your visa with old employer is still valid when you carry new I-797 petition.

Posted

Hi,

I have a similiar question,pardon me if the question is redundant cause I just wanted to make sure before I move!

I have a valid Visa uptil September 2013 from my previous employer(A giant MNC) whom I quit last month(september) and joined another MNC for which i was given H1B approval until August 2013( 1 month less than my actual first 3 year Visa which lasts until sep 2013)

My Travel team is suggesting(rather insisting) me to go for Visa restamping this december during my travel to india.

I am totally in dilemma, If I go for restamping my actual visa validity will get reduced by 1 month(i.e from Sep to Aug 2013).

Kindly suggest Do I need to mandatorily go for Visa restamping with my new employer(I am not sure if my previous H1b is revoked or not as I left my company aginst my prev employers will).

Appreciate your patience in reading the whole paragraph!..kindly do teh needful

Thanks,

Satish

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