When does existing H1B gets revoked


samgpt

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Hi-

When transferring H1B at what state does the existing H1B gets revoked. If say I travel to my home country to get the stamp for the new visa, at what stage does the existing one gets revoked? Immediately after stamp or when re-rentering US? Also is one required to resign from the current employer before traveling or before the interview date for visa?

Thanks and appreciate the response.

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If you quit your old job, the employer by law has to inform USCIS that you no longer work there, and that is the revocation of the old H1.

An often-misunderstood point: An employer notifying USCIS of H-1B employee termination does not result in automatic petition revocation. USCIS is required to send a notice of intent to revoke. However, if the employer specifically requests that USCIS revoke the petition, USCIS is not required to send a notice of intent to revoke, and the revocation is effective upon receipt of the request at USCIS.

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