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  1. #1

    Default Check if H1B is revoked

    I have my H1B valid till Sept 2012. Due to conflicts with my employer about salary I came back to India in mid of 2011. I have another opportunity to goto USA on H1B. How do I know if my current H1B is revoked by my employer or not?

  2. #2
    Join Date
    Oct 2008
    Posts
    6,686

    Default

    It does not matter if the employer has withdrawn their petition or not.
    Your new employer will have to file a cap-exempt petition for you. You will need to provide them with a copy of the previous employer's approval notice. After that petition is approved, you can travel to US using the existing Visa in your passport (if not expired at the time of travel) and the new employer's approval notice.
    This is my opinion and not legal advice.

  3. #3

    Default

    Thanks for reply. But this procedure will take too much time and my project is being delayed. Can I travel on current visa on immediate basis and my visa may be transferred there after I reach there?

  4. #4
    Join Date
    May 2009
    Posts
    10,053

    Default

    It is illegal to use the H1B petition of one employer to travel to U.S to work for another employer or to travel to look for a job. If the petition is already revoked or in the processing of getting revoked or if the immigration officer finds out that you are using the petition of an employer for whom you are no longer working, then they will deport you back and ban you from entering U.S for your life. Do the right thing. Find and employer, transfer the petition (Premium will get you the result within 15 days). When the transfer gets approved, you can travel using the new approval notice and any valid H1B visa (even if it is stamped with the previous employer's name).

    Quote Originally Posted by pappaninani View Post
    Thanks for reply. But this procedure will take too much time and my project is being delayed. Can I travel on current visa on immediate basis and my visa may be transferred there after I reach there?
    Not a legal advice. Use of this information is strictly at your own risk.

  5. #5

    Default

    Thanks a lot for a very right information. You saved me.

  6. #6

    Default

    My new employer has agreed to transfer visa in Premium category. I believe now I will be travel in 2-3 weeks as soon as I reveive my new I-797 but still with visa stamped of old employer. Please correct me if I am wrong. Also if anyone can tell me how much will this transfer (in Premium) cost me to my employer.

  7. #7
    Join Date
    May 2009
    Posts
    10,053

    Default

    My new employer has agreed to transfer visa in Premium category. I believe now I will be travel in 2-3 weeks as soon as I reveive my new I-797 but still with visa stamped of old employer. Please correct me if I am wrong.
    >>> That is correct. You can use the existing visa (with the old employer's name) with the newly approved petition to travel to U.S.

    Also if anyone can tell me how much will this transfer (in Premium) cost me to my employer.
    >>> Premium processing will cost an additional $1250.
    Not a legal advice. Use of this information is strictly at your own risk.

  8. #8

    Default

    Thanks for a very prompt reply. What shall be visa transfer fees? I believe Premium Processing fees ($1250) will be added to that.

  9. #9
    Join Date
    May 2009
    Posts
    10,053

    Default

    H1B fees depends so many factors. Number of employees in the company, number of H1B workers etc. Check the form I-129 filing instruction in uscis.gov website for the latest filing fee structure. You should not worry the filing fee since it should be paid by the employer. It is illegal if you pay this fee. The premium processing fee can be paid by you.

    Quote Originally Posted by pappaninani View Post
    Thanks for a very prompt reply. What shall be visa transfer fees? I believe Premium Processing fees ($1250) will be added to that.
    Not a legal advice. Use of this information is strictly at your own risk.

  10. #10

    Default

    Thanks for your greate guidence till date. I have received my new I-797 by premium processing. I want to take my family with me. Will my pay stubs be required for my wife and 2 sons to get H4 visa? Also I want to konw if they can get H4 stamped on basis of my H1B which is on my previous employer's name and my new I-797 which is on my current employer's name. My wife and elder son have visited USA on H4 visa before 10 years.

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