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Check if H1B is revoked

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  • 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
    It does not matter if the employer has withdrawn their petition or not.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.

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    • #3
      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?

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      • #4
        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).

        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.

        Comment


        • #5
          Thanks a lot for a very right information. You saved me.

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          • #6
            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.

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            • #7
              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.

              Comment


              • #8
                Thanks for a very prompt reply. What shall be visa transfer fees? I believe Premium Processing fees ($1250) will be added to that.

                Comment


                • #9
                  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.

                  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.

                  Comment


                  • #10
                    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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                    • #11
                      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?
                      >>> If you are already in U.S working in H1B status, then your latest pay slips are required to get the H4 stamped.

                      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.
                      >>> They need to get their H4 stamped based on your new H1B approval notice. If your H1B visa in the passport is with the old employer, that is okay.
                      Not a legal advice. Use of this information is strictly at your own risk.

                      Comment


                      • #12
                        I am so much thankful to you for your prompt and accurate replies every time.

                        I am in India at present. I have H1B of previous employer and I-797 of new employer. Thus I don't have pay slips of my new employer. Thus I believe my wife and sons will not require pay slips for H4 stamping. Please correct me if I am wrong.

                        Also I could understand that they will have to get H4 stamped on basis of my new I-797. Please correct me if I am wrong. My family will have to put copy of all pages of my passport in visa application documents. But my passport will not contain visa stamp of new employer as I will travel on my old employer visa stamped. Can it create any problem in H4 stamping for them?
                        Last edited by pappaninani; 04-05-2012, 10:27 AM.

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                        • #13
                          I am in India at present. I have H1B of previous employer and I-797 of new employer. Thus I don't have pay slips of my new employer. Thus I believe my wife and sons will not require pay slips for H4 stamping. Please correct me if I am wrong.
                          >>> When did yo last work for the old H1B sponsor? If it was sometime in the recent past, then it is advisable to hand over few latest pay slips from the previous employer when they attend the visa interview. They also need to carry your W2s.

                          Also I could understand that they will have to get H4 stamped on basis of my new I-797. Please correct me if I am wrong.
                          >>> That is correct. That is what I have mentioned in my previous reply.

                          My family will have to put copy of all pages of my passport in visa application documents. But my passport will not contain visa stamp of new employer as I will travel on my old employer visa stamped. Can it create any problem in H4 stamping for them?
                          >>> This is not an issue.
                          Not a legal advice. Use of this information is strictly at your own risk.

                          Comment


                          • #14
                            Thanks again. I stopped working for my previous employer since May 2011. I returned back to India due to salary conflict with them and family emergency parallel to that. After that I have been working India since June 2011. Now I am going back to USA to new employer. In this case what should I do about pay slips and W2s for H4 stamping of my family?

                            Comment


                            • #15
                              They still need to carry your last 3 W2's. Pay slips are not required. However, it is advisable that they carry few of the latest pay slips (I doubt if it will be asked).

                              Originally posted by pappaninani View Post
                              Thanks again. I stopped working for my previous employer since May 2011. I returned back to India due to salary conflict with them and family emergency parallel to that. After that I have been working India since June 2011. Now I am going back to USA to new employer. In this case what should I do about pay slips and W2s for H4 stamping of my family?
                              Not a legal advice. Use of this information is strictly at your own risk.

                              Comment

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