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H1b valid in passport, but petition revoked

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  • H1b valid in passport, but petition revoked

    The visa and the immigration stamp in the passport (from previous employer) is valid till 2017. I changed job and also have an approved i797 from current employer. Meanwhile the previous employer revoked the H1b petition. I am planning to visit india and has questions about getting visa stamping done.

    1) Since the previous revoked the petition, is the visa in the passport from previous employer still valid?
    2) How would I answer this question? This question decides if I qualify for interview waiver program.
    -- If I am applying for an H visa, my prior visa in the same class is still valid or expired within the last 12 months.
    3) Do I have to get a new stamping done to enter the US again?
    4) If I have to get the stamping done again, can I opt for Dropbox?

    Any help is much appreciated.
    Thanks in advance.

  • #2
    Hi,

    I don't think u have to go for visa stamping again, as u already got a valid visa till 2017. Only thing you have to carry new petition(Approved I797) during POE.

    This is my opinion not legal advise.

    Thanks,
    Raj


    Originally posted by Sharandiva View Post
    The visa and the immigration stamp in the passport (from previous employer) is valid till 2017. I changed job and also have an approved i797 from current employer. Meanwhile the previous employer revoked the H1b petition. I am planning to visit india and has questions about getting visa stamping done.

    1) Since the previous revoked the petition, is the visa in the passport from previous employer still valid?
    2) How would I answer this question? This question decides if I qualify for interview waiver program.
    -- If I am applying for an H visa, my prior visa in the same class is still valid or expired within the last 12 months.
    3) Do I have to get a new stamping done to enter the US again?
    4) If I have to get the stamping done again, can I opt for Dropbox?

    Any help is much appreciated.
    Thanks in advance.

    Comment


    • #3
      1) Since the previous revoked the petition, is the visa in the passport from previous employer still valid?
      >>> Only the petition is revoked. The visa will remain valid.

      2) How would I answer this question? This question decides if I qualify for interview waiver program.
      -- If I am applying for an H visa, my prior visa in the same class is still valid or expired within the last 12 months.
      >>> Answer YES since your previous H1B visa is still valid.

      3) Do I have to get a new stamping done to enter the US again?
      >>> Not required. You can use your existing H1B visa in the passport along your new employer's petition to enter U.S. Pay attention to the I-94 that is issued at the POE. You need to file an extension before that I-94 expires (sometimes I-94s are issued only till the visa expiry date rather than petition expiry date).

      4) If I have to get the stamping done again, can I opt for Dropbox?
      >>> If you qualify, Check the below link.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment

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