H1B Petition

[saisridhar_p]

Hi,

I applied H1B visa from my former employer and got my petition approved in December 2004. But unfortunately, I did not go for H1B Visa stamping as I quit that company.

I have joined another company and applied for H1B visa. My petition would be approved in another 6-8 weeks time.

I got an opportunity to settle abroad now from a different company and planning to consider that offer. If I consider that offer, it means that this time also my H1B petition would be approved with the current employer but I would not be able to make it Visa stamping.

Conisdering this, will it be of any problem in future if I again apply for H1B Visa, as my petition is twice approved and I did not go for Visa stamping?

Please let me know your suggestions.

Thanks,

[veena_swsh]

Hi,
It should not be a problem if you can convincingly explain why you did not go for the stamping the previous times. Try to see if the present petiton can be withdrawn by the company if it is still under processing. That way you can save money and effort on atleast one H1b.

[saisridhar_p]

Hi Veena,

Thanks for the reply. I just checked with my current employer and unfortunately they told me that it cannot be cancelled at this point in time.

BTW as company is bearing the expense of H1B Visa, it is not out of my pocket...

But as I wrote earlier, I am only scared of the problem in future if I again apply for H1B Visa, as my petition would be twice approved and not stamped....

Do you suggest that I get H1B visa stamped and quit this company?? If so, will H1B be Valid even if I quit the current company??

Thanks,

[veena_swsh]

Hi Sasidhar,
Maybe the visa officers will have a track of the H1Bs filed for you. You will have to say the truth in case you happen to go for a third H1B stamping and the Visa Officer asks whether this is your first H1B. But it is entirely your capacity to convince that matters. You should be able to give a diligent explanation as to why you chose not to join the previous 2 H1B Co.s.
Apart from this, there will not be any adverse consequence.