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Previous employer revoked H1B Petition

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  • Previous employer revoked H1B Petition

    Hello People,

    I have H1b Visa and valid petition till Dec 2017. After resigning, my previous employer has revoked I-797 petition.

    My current employer has not initiated transfer/filed new petition.

    I have 2 questions here:

    1. Does the stamp in my passport still holds any value, if the petition is cancelled/revoked...?

    2. If yes, Please let me know the process and how to proceed.


    Regards,

  • #2
    Originally posted by rpsathyab View Post
    Hello People,

    I have H1b Visa and valid petition till Dec 2017. After resigning, my previous employer has revoked I-797 petition.

    My current employer has not initiated transfer/filed new petition.

    I have 2 questions here:

    1. Does the stamp in my passport still holds any value, if the petition is cancelled/revoked...?

    2. If yes, Please let me know the process and how to proceed.


    Regards,
    Are you in US or outside? If outside then the first thing the new employer has to do is file for a cap exempt petition using the previous employer's I797 copy.

    Once the new employer's petition is approved they would get their own I797. Then subsequently you have two options, use the existing visa and travel to US and show the new employer's petition at Port of Entry and if allowed into US work for the new employer. OR. Go for fresh stamping with new employer's I797 and if new visa approved travel on that.


    This is my opinion not legal advice.

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