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Is it required to inform new employer about pending H1b visa?

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  • Is it required to inform new employer about pending H1b visa?

    Hi All,

    I have a H1b petition filed by US based company and approved. but now it is in 221g processing. My current also willing to apply this year. But my Current employer will not file if they come to know about existing pending visa.

    Is it must to inform my employer about this pending H1b Visa?
    If I haven’t informed, will they come to know about my current pending visa?

    Please advice.

  • #2
    Originally posted by Veeru_123 View Post
    Hi All,

    I have a H1b petition filed by US based company and approved. but now it is in 221g processing. My current also willing to apply this year. But my Current employer will not file if they come to know about existing pending visa.

    Is it must to inform my employer about this pending H1b Visa?
    If I haven’t informed, will they come to know about my current pending visa?

    Please advice.
    I dont think you have to inform as long as you havent been on H1 status in US in last 6 Years.

    They wouldnt come to know of it, but if at all you have to go for interview, you might have to withdraw the earlier petition at the consulate.

    This is my opinion not legal advice.

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