When does existing H1B gets revoked


samgpt

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Posted

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.

Posted

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.

Posted

"Also is one required to resign from the current employer before traveling or before the interview date for visa?"

=> Question is not clear. Why would you resign for getting visa?

Posted

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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