H1 Visa not stamped

[fromusindia]

Hi all,

My H1 Visa was approved by the concerned authority in US in April 2012 . But due to personal reasons I had to leave my job before stamping the visa and leave to India. I am currently not employed by my previous employer.

I am considering option to move to US.

Is there a way that my H1 Visa approval is still valid and I can get it stammped on other employer name if I am offered a job in US.

What is the process.

Appreciate your help

Thanks

Payal

[rahul412]

Is there a way that my H1 Visa approval is still valid and I can get it stammped on other employer name if I am offered a job in US.

What is the process.

If your previous employer has job for you then all you need is visa stamp.

If you are looking for new employer then your new employer should file H1 petition for you.

[rkc1985]

i think you should check the status of your h1b first case. if you are in india and u dont work for the employer, the chances of ur h1b being active is less. Petitioner usually updates status to USCIS after u quit the job. You should find a new job and file a new h1b if you old h1b is no longer active. if your old h1b is still active, (which i think is not the right thing) you can get a job and get it transferred.

This response is based on general idea. I am not immg exp. others can probably help u better.

[shandan]

You will have to file a new H1 with a new employer with a legitimate job in US, you may be able to file for a cap-exempt H1, but I am not a guru on that, so may be other senior members can chime in on that, or get consulation with an immigration lawyer.

[t75]

You may not enter the US with an old approval notice. You will need a new employer to file and receive an approval; you may then use it for stamping. Since you have been cap counted, you can begin work as soon as this is done and not have to wait until Oct 1. Be sure to provide you new employer with the details of the old approval.

[wiweq]

'Petitioner usually updates status to USCIS after u quit the job."

=> It's not usually. They have to revoke the H1b if the beneficiary is no more working for them. It's law.