can my employer cancel my visa while i'm on vacation overseas?

[sakura79]

Hi! can my employer cancel my visa while i'm on vacation overseas? Im set to go on vacation this spring but im worried because the contract that i signed with my employer when I first came on H1B last 2011 has expired last Dec 2013, but my visa is still valid until Nov 2014, can my employer cancel their sponsorship of my visa while im on vacation thus would hinder my return to US?

[raghvi]

Hi! can my employer cancel my visa while i'm on vacation overseas? Im set to go on vacation this spring but im worried because the contract that i signed with my employer when I first came on H1B last 2011 has expired last Dec 2013, but my visa is still valid until Nov 2014, can my employer cancel their sponsorship of my visa while im on vacation thus would hinder my return to US?

Why would the employer do that?

Cancelling visa and cancelling the petition are two different things. The visa merely allows you to reach US Port Of Entry. Also, The visa cannot be cancelled by anyone except by US Designated officers because its in your passport.

At the Port Of Entry many a times, apart from the visa, the officer might ask to see the underlying approved petition too . If you dont have an approved I797 to go along with the visa it can become an issue and you could potentially be deported back too.

Also, while in US on H1 you need to always have a job and associated approved petition and I-94 to be in status. So, yes, if the employer terminates you while on vacation and informs USCIS about decision to revoke the petition, and subsequently upon entry if the officer checks the petition and does enquire with the employer and they say that you no longer work with them, then Yes, you can be deported back.

This is my opinion not legal advice.

[sakura79]

Why would the employer do that?

Cancelling visa and cancelling the petition are two different things. The visa merely allows you to reach US Port Of Entry. Also, The visa cannot be cancelled by anyone except by US Designated officers because its in your passport.

At the Port Of Entry many a times, apart from the visa, the officer might ask to see the underlying approved petition too . If you dont have an approved I797 to go along with the visa it can become an issue and you could potentially be deported back too.

Also, while in US on H1 you need to always have a job and associated approved petition and I-94 to be in status. So, yes, if the employer terminates you while on vacation and informs USCIS about decision to revoke the petition, and subsequently upon entry if the officer checks the petition and does enquire with the employer and they say that you no longer work with them, then Yes, you can be deported back.

This is my opinion not legal advice.

I just want to know the possible things that could happen while on vacation, my visa ,petition and I-94 are all in status,except for the contract that we used when they file the petition in 2011, do i need to ask them to give me a new contract? would it hold and protect me from them in revoking the petition while im away?

[raghvi]

If that gives you a comfort, yes you should go ahead and ask for a renewal of contract. But yet again, merely signing on a contract doesn't prevent them from revoking your petition, but, yes, you will get to know if they have any plan for you in the future, and will help you plan ahead of time in case they dont.

This is my opinion not legal advice.