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H1 visa stamped from Employer A but not travelled.

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  • H1 visa stamped from Employer A but not travelled.

    Hi all,

    I have got the H1 Visa stamped by the Employer A, but now there is no opportunity of traveling from this employer and also I have never traveled to US before, so i have decided to move on with Employer B, but due to reason I am resigning from Employer A and as part of the clearance activity with Employer A they are demanding the Original I797 from me.

    My questions are :--Is it legal from there side to ask for the same, will I be able to transfer my visa to Employer B without Original I797 or the new employer B have to file separate petition and get the separate approval notice/I797.

    Please respond with your valuable answers to the same.

    Regards,
    Ashish

  • #2
    Originally posted by ashish_gupta View Post
    Hi all,

    I have got the H1 Visa stamped by the Employer A, but now there is no opportunity of traveling from this employer and also I have never traveled to US before, so i have decided to move on with Employer B, but due to reason I am resigning from Employer A and as part of the clearance activity with Employer A they are demanding the Original I797 from me.

    My questions are :--Is it legal from there side to ask for the same, will I be able to transfer my visa to Employer B without Original I797 or the new employer B have to file separate petition and get the separate approval notice/I797.

    Please respond with your valuable answers to the same.

    Regards,
    Ashish
    Keep a copy with you. The next employer need not see your original but would want to at least see a copy as this proves that you were cap counted in last 6 Years and need not be part of a fresh cap for 6 Year from initial cap.

    This is my opinion not legal advice.

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