H1B Petition Validity ...


Cherry79

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Hi All,

 

My H1B petition got approved for the year 2013-2014 and VO gave me YELLOW SLIP mentioning as 'No action required' When i attended the interview in Aug-2013. And she mentioned that petition will be sent back to US to inquire further about my Employer.

 

After that USCIS came back with few clarifications to my Employer which were successfully attempted. Now i got re-approval notice from USCIS in Apr-2014.

 

However when i goto the interview for second time, VO asked few more documents related to my project and about my employer. Now my employer is telling that, there is no point to provide the same documents again and again though the consulate will have full access to all these information. And it seems that the VO is not willing to grant me the Visa. Hence advising me to proceed with other employer under the same petition.

 

Please clarify me on below,

1. How that is going to work when the Employer name is mentioned on the petition. And do I need to get any approval letter from the current Employer to go with the new Employer?

2. How long the petition will be valid?

 

 

Friends, please advise if you have any idea on above...

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1. A new employer can file a cap exempt H1B petition and on approval you can travel to US with a valid H1B visa and I797. You just need the copy of current employer's I797.

2. Any employer can file a cap exempt H1B petition till you reach the max allowed stay of 6 years on H1B status.

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Thanks Jairichi, For point (1), I am currently holding the scanned copy of i797, which is fine to proceed with the new employer OR do i need to get any original documents from the current employer ? Kindly advise. 

 

And what I understand from your reply is that, with the approved i797, you can go to any new employer without even informing the current employer. Did i understand correctly ?

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Thanks Jairichi, For point (1), I am currently holding the scanned copy of i797, which is fine to proceed with the new employer OR do i need to get any original documents from the current employer ? Kindly advise. 

 

And what I understand from your reply is that, with the approved i797, you can go to any new employer without even informing the current employer. Did i understand correctly ?

All you need is a new job which is FT, not a consulting firm. It doesn't matter, you inform that current employer or not.

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Thanks Jairichi, For point (1), I am currently holding the scanned copy of i797, which is fine to proceed with the new employer OR do i need to get any original documents from the current employer ? Kindly advise. 

 

And what I understand from your reply is that, with the approved i797, you can go to any new employer without even informing the current employer. Did i understand correctly ?

1. Yes, the scanned copy is good enough.

2. Since your current employer is no more interested in you there is no need to inform.

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