H1B cancelled

[lohote]

I am having my H1B, which later got cancelled by my employer after my resignation. Presently I don't have any plan to travel, but later may be possible.

Could you please let me know, if someone else files the petition again, then do I need to go for Visa stamping?
My employer told me my Visa got cancelled what does that mean? (it's not reflecting anywhere in my passport)

[kabkaba]

What your employer did is withdraw their petition and not cancel your Visa. The Visa in your passport is valid until it expires. If another employer files a petition for you and your Visa is valid on the day of travel, you don't need to obtain another Visa. Also, another employer can file cap-exempt petition for you irrespective of the above, for 6 years.

[lohote]

Thanks for your reply.

Can employer also cancel my Visa, the reason I am asking this because my employer asked me submit passport for Visa cancellation (I received my passport back but nothing is reflecting in my passport, I mean still I am having my Visa & validity as well).

[kabkaba]

They would have stamped it as canceled in that case.

[raghvi]

I maybe completely wrong but its illegal for employees to physically alter the passport by marking visa as "cancelled" or otherwise. Only the consulates/govt body can mark them cancelled.

As kabkaba pointed out if it is not marked cancelled, another employer can file an H1 petition for you and you would not have to go for stamping till the existing visa validity date.


This is my opinion not legal advice.

[itsshanks]

Thanks for your reply.

Can employer also cancel my Visa, the reason I am asking this because my employer asked me submit passport for Visa cancellation (I received my passport back but nothing is reflecting in my passport, I mean still I am having my Visa & validity as well).

Are you in the US? Assuming that you are and your employer withdrew your H1B petition and you didn't do H1B transfer, then your status is jeopardized beyond the grace period.

[lohote]

They would have stamped it as canceled in that case.
-- For this does something will reflect in my passport like VOID, CANCELLED or simply they will cancelled in there system and nothing will reflect on my passport or stamped VISA. Please clarify.

- - - Updated - - -

They would have stamped it as canceled in that case.
-- For this does something will reflect in my passport like VOID, CANCELLED or simply they will cancelled in there system and nothing will reflect on my passport or stamped VISA. Please clarify.

- - - Updated - - -

Are you in the US? Assuming that you are and your employer withdrew your H1B petition and you didn't do H1B transfer, then your status is jeopardized beyond the grace period.

I am in India.

[kabkaba]

They would have written something on the Visa.

Your ability to have cap-exempt petition has nothing to do with it.