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H1 Revoked by previous employer how to move ahead with H1 processing

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  • H1 Revoked by previous employer how to move ahead with H1 processing

    Hi Experts,

    My H1B visa got approved in Oct 2013 with the validity till Aug 2016, It was stamped and I have traveled to US in Jan 2014 and worked there for 13 months. After my project completion I returned India in Feb 2015 and resigned from the company after few months. The old company has revoked my visa in Nov 2015.

    1. If I want to apply for H1B visa again through new company will it come under Cap exemption? I have previous I-797 and valid VISA stamped on passport.

    2. What about my old I-797?

    3. If Yes what are the chances of VISA rejection?



    Thanks

    RP

  • #2
    Originally posted by RP86 View Post
    Hi Experts,

    My H1B visa got approved in Oct 2013 with the validity till Aug 2016, It was stamped and I have traveled to US in Jan 2014 and worked there for 13 months. After my project completion I returned India in Feb 2015 and resigned from the company after few months. The old company has revoked my visa in Nov 2015.

    1. If I want to apply for H1B visa again through new company will it come under Cap exemption? I have previous I-797 and valid VISA stamped on passport.

    2. What about my old I-797?

    3. If Yes what are the chances of VISA rejection?



    Thanks

    RP
    1. Yes.
    2. Nothing. Just keep it for future record purposes.
    3. That would depend upon the documentation and evidences provided by the new employer to support their petition and employment offer.

    This is my opinion not legal advice.

    Comment


    • #3
      [QUOTE=raghvi;441467]


      Thanks a lot. Appreciate your reply and expertize.

      1. Yes. -- Thanks Raghvi
      2. Nothing. Just keep it for future record purposes. -- What if in interview I show this I-797 and it displays revoked status? Is it normal process? Or I should get new I-797 from current organization. (sorry but wants to have light on work process)
      3. That would depend upon the documentation and evidences provided by the new employer to support their petition and employment offer. -- Could you please let me know mandatory documents to carry?

      Will be great if you could explain process for this kind of stamping?


      Thanks
      RP

      Comment


      • #4
        [QUOTE=RP86;441554]
        Originally posted by raghvi View Post


        Thanks a lot. Appreciate your reply and expertize.

        1. Yes. -- Thanks Raghvi
        2. Nothing. Just keep it for future record purposes. -- What if in interview I show this I-797 and it displays revoked status? Is it normal process? Or I should get new I-797 from current organization. (sorry but wants to have light on work process)
        3. That would depend upon the documentation and evidences provided by the new employer to support their petition and employment offer. -- Could you please let me know mandatory documents to carry?

        Will be great if you could explain process for this kind of stamping?


        Thanks
        RP
        2. Why would you show an old I797? The new company as and when they apply I129 for you, they would get their own I797, which is what you will need to show.
        3. https://www.immihelp.com/h1-visa-stamping-documents/

        This is my opinion not legal advice.

        Comment

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