If I resign, will by I797 be cancelled?


ts7775

Recommended Posts

Hi.

 

My H1B  I129 PETITION is approved in 2014 lottery in this July. But my visa has not been stamped as the position for which my current company applied for, that has gone on hold. Thus the stamping might not go through at this time. I'm planning to change the job and join another Indian IT company in which there is no US work.

 

1) If I resign from my current company, will my current company inform USCIS that I have resigned and then my I797 will be cancelled? I read that most companies do it to safeguard them from some future liability. And for this cancellation, will the current company have to spend some money for cancellation, or just by informing the USCIS will be enough for them?

 

I just have the I797 copy with me but the stamping hasn't been done. 

 

I want to move out from the current company but at the same time, don't want to lose the H1B as well. 

 

Please advise. 

 

Thank you.

Link to comment

1. Employer informing USCIS is enough to revoke H1b petition that was approved for you.

 

If you have not appeared for H1b visa interview and received H1b stamp and entered US, this H1b approval notice is just a piece of paper. 

 

Only when you enter US on H1b visa OR you do COS from another visa status to H1b status inside US, you would be able to take advantage of that H1 like filing next H1b as cap exempt.

Link to comment

Archived

This topic is now archived and is closed to further replies.