H1-Transfer from India

[John Cena]

Hi.

I have a valid H-1B Visa. The same was stamped recently and is unused i.e. I have never traveled to US on that visa. My employer does not have any landed position in US currently and so they are asking me to wait. Also my employer is unsure about any upcoming requirements in US, so I have started to look for another opportunity with another employer. However, I suspect that my original Employer has come to know that I am looking for an opportunity outside. Now my questions are :

1) Can my original employer revoke my visa OR my petition OR both ?
2) I have heard that Employer cannot revoke Visa. At the most they can revoke only petition. Is this true?
3) In case my original employer revokes my visa OR my petition OR both, will another employer still be able to file a new petition without the restriction of the H-1B cap ?
4) In case my original employer revokes my petition but not my visa (which is still valid but it has the name of original employer endorsed on it) and i get new petition approved with new employer, do I have to go for Visa Stamping again ?

Expecting some valuable inputs.

Thanks in advance !

[Nattybone]

Hi.

I have a valid H-1B Visa. The same was stamped recently and is unused i.e. I have never traveled to US on that visa. My employer does not have any landed position in US currently and so they are asking me to wait. Also my employer is unsure about any upcoming requirements in US, so I have started to look for another opportunity with another employer. However, I suspect that my original Employer has come to know that I am looking for an opportunity outside. Now my questions are :

1) Can my original employer revoke my visa OR my petition OR both ?
2) I have heard that Employer cannot revoke Visa. At the most they can revoke only petition. Is this true?
3) In case my original employer revokes my visa OR my petition OR both, will another employer still be able to file a new petition without the restriction of the H-1B cap ?
4) In case my original employer revokes my petition but not my visa (which is still valid but it has the name of original employer endorsed on it) and i get new petition approved with new employer, do I have to go for Visa Stamping again ?

Expecting some valuable inputs.

Thanks in advance !

Hello, John.

1) Yes. Your employer can at any point revoke your H1B visa. You can then find another employer and make him file a fresh petition for you and then he will be your visa sponsor. You will be cap exempt for 6 years. This answers Query 2 and 3, as well.
4) If your first employer revokes your visa. And, you find a new employer to file a fresh I797 petition for you. If this new petition gets approved, then, if the date on your old H1B visa is still valid, you could travel on the old visa to work for the new employer.
i.e.: Infosys sponsors me on April 1, 2013 and i get picked up in the H1B draw. In July 2013, i go for H1B stamping and get visa approved with date: 1 Oct 2013 to 30 Sep 2016. Now, Infosys asks me to not go to US and revokes my H1B on 1 Dec 2013. I find out that an American company LinkedIn is looking for people and my profile matches. I email them and they agree to take me and sponsor my H1B. LinkedIn files a fresh I797 for me on 1 Jan 2014 and i get I797 approved with date: 30 Jan 2014 to 29 Jan 2017.

Now, i can travel on Infosys' H1B visa stamp to enter USA on let's say 15th Feb 2014 and show LinkedIn's I797 at the Port of Entry and subsequently join LinkedIn. This is permitted.

I hope this answers.

Wishing you luck.

Cheers,

[John Cena]

Thanks Nattybone !

Hey Nattybone

Thanks a lot for your reply. I appreciate. The same is my understanding.
As these are our personal thoughts, looking ahead for some professional inputs if any.

Thanks !