Need Expert Advice

[ashokm1]

Hello All,

 

My previous organization had initiated my H1B visa in Feb 2012 which got approved in May 2012 and I got stamping done on my passport along with my family (they got H4). So the stamped visa on my passport is valid till July 2014.

 

I left the same organization in July 2012 without entering to US on that visa ( I never been to US before as well).

 

In January 2013, another organization initiated my visa transfer of old H1B.

 

In May 2013, my attorney did inform me that we have received RFE status indicating that my first organization has “revoked” my H1B. He then submitted RFE response.

 

Today, I came to know on USCIS site that my visa petition is approved. Status it is showing is : “On August 22, 2013, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER”

 

Based on above scenario, I have got few questions:

 

1. Do I need to go for stamping again even if visa validity date on my passport is still July 2014 ? Or if I can travel to US with old organization stamped visa and new approved I797 petition ? In this case, will there be any issue at Port of Entry ?
2. I have my dependents who had got H4 stamped with same validity as mine. Do they need to go for stamping again ?
3. I am not getting how come it is possible to transfer revoked H1B ? Is it legal case that does happen ?

 

Appreciate if someone can guide me on this front.

 

Regards,

Ashok

[jairichi]

Hello All,

 

My previous organization had initiated my H1B visa in Feb 2012 which got approved in May 2012 and I got stamping done on my passport along with my family (they got H4). So the stamped visa on my passport is valid till July 2014.

 

I left the same organization in July 2012 without entering to US on that visa ( I never been to US before as well).

 

In January 2013, another organization initiated my visa transfer of old H1B.

 

In May 2013, my attorney did inform me that we have received RFE status indicating that my first organization has “revoked” my H1B. He then submitted RFE response.

 

Today, I came to know on USCIS site that my visa petition is approved. Status it is showing is : “On August 22, 2013, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER”

 

Based on above scenario, I have got few questions:

 

1. Do I need to go for stamping again even if visa validity date on my passport is still July 2014 ? Or if I can travel to US with old organization stamped visa and new approved I797 petition ? In this case, will there be any issue at Port of Entry ?
2. I have my dependents who had got H4 stamped with same validity as mine. Do they need to go for stamping again ?
3. I am not getting how come it is possible to transfer revoked H1B ? Is it legal case that does happen ?

 

Appreciate if someone can guide me on this front.

 

Regards,

Ashok

(1)No need to go for stamping. You can travel with old valid visa and new I797.

(2) No need for them too. They need a copy of your new I797

(3) Once an employee leaves the organization employer has to revoke H1B petition. But, as H1B validity is for 6 years any employer can file a new petition and get the remainder of 6 years.

[Attorney_10]

Generally, an individual may use an H1B visa issued for "Company A" and the I-797 Approval Notice with "Company B" to enter the U.S. to work with "Company B" so long as the visa is unexpired at the time of entry. The individual should be admitted until the expiration of the new approval notice. The same applies to dependents. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case and to determine whether a new visa is required in your case.