HIB revoked with Employer A but got Visa Stamped, Can I travel to US or File for new H1B?

[mastermindark]

Hi Folks,

 

I am in a very difficult situation.

 

I got my H1B approved till Jan 2015 and visited India(after 5 yrs) on Apr 18. As I was on bench for 5-6 months my Employer concluded that I wont be coming back and he sent email saying that he is accepting my resignation(He stopped running my payroll as well). I called him couple of times but haven't got any response. Meanwhile I wanted to return back as I had valid H1B and got it stamped successfully on June 12th and I was proactively applying for jobs from India. 

 

I recently checked status of my H1B on USCIS website today and this is what it shows. 

Post Decision Activity

On May 1, 2013, the previous decision made on your case was revoked and we mailed you a notice explaining the decision. If you have not received the notice within 14 days of the date above, please call customer service at 1-800-375-5283 for further assistance. If you move, please use our Change of Address online tool to update your case with your new address.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

 

Can I travel to US in this situation or Will I face any problem at POE? or Do I need to file for new H1 petition and attend for stamping once again it for approved and then travel?

 

Please let me know...

[jairichi]

Do not travel with your old I797 document. If you are caught at POE lying you might get a life long ban. Find a new employer, get a new I797 through them and travel with your unexpired H1B visa

[rahul412]

Can I travel to US in this situation or Will I face any problem at POE? or Do I need to file for new H1 petition and attend for stamping once again it for approved and then travel?

 

Please let me know...

You cannot travel with that revoked petition.That's ILLEGAL.

Find another employer and get new H1 and this time you don't need to attend visa interview since your visa is still valid.

[mastermindark]

Thank u jairichi and rahul

[mastermindark]

I have another question in this regard. Can the new company manage the H1B transfer without recent pay stubs(Ive got pay stubs till Feb end). I came to India on Apr 19.

[rahul412]

I have another question in this regard. Can the new company manage the H1B transfer without recent pay stubs(Ive got pay stubs till Feb end). I came to India on Apr 19.

You need latest pay stubs only if you are currently in US.

[jairichi]

I have another question in this regard. Can the new company manage the H1B transfer without recent pay stubs(Ive got pay stubs till Feb end). I came to India on Apr 19.

Yes, they can file a cap exempt H1B petition without pay stubs as it has been months since you left your employer in US.