H1B visa validity in case of change of employer

[nikhil_sharma]

Hi All,

Below are the details : -

Visa Type : - H1B
Stamping : Done
Petition valid till :- Jan'2015
Lca valid till : - March'2018

And i have I797 and LCA documents with me.

In the above case, if an employee changes the employer from A to B,can a employee travel to US from employer B in the future considering the fact that employer A has raised H1B(which also is mentioned in the visa) and also that employee has not travelled even once to US before from employer A?

Also can the employer A cancel the H1B despite stamping has been done if in case employee leaves the employer A?

Please guide me on this.

Regards,
Sharma

[raghvi]

Hi All,

Below are the details : -

Visa Type : - H1B
Stamping : Done
Petition valid till :- Jan'2015
Lca valid till : - March'2018

And i have I797 and LCA documents with me.

In the above case, if an employee changes the employer from A to B,can a employee travel to US from employer B in the future considering the fact that employer A has raised H1B(which also is mentioned in the visa) and also that employee has not travelled even once to US before from employer A?

Also can the employer A cancel the H1B despite stamping has been done if in case employee leaves the employer A?

Please guide me on this.

Regards,
Sharma

Visa, petition, LCA are three different things. You would first need to give B a copy of your current approval notice, I797, B would then need to file a cap exempt petition and get their own I797. Using this new I797 of B you can schedule a H1 interview at a US consulate. Using the stamped visa you can then travel.

This is my opinion not legal advice.

[nikhil_sharma]

H1B visa validity in case of change of employer

Hi,

Thanks for the reply.

So is it not necessary to travel not even once from the employer who has initiated the H1-B?

Also like what all documents would be required to be given to the new employer so that new employer can go with the new cap exempt request?Are I-797 and lca document enough?

And as per my understanding,H1B is valid for 6 years and 1st year count starts from the year when one lands up in US for the first time irrespective of H1B lottery year,or previous approved petitions(but couldn't travel) or lca expiry?

Please guide me on the above.

Regards,
Sharma