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H1b Visa revoke issue

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  • H1b Visa revoke issue

    My case is as below:
    I am currently based in out of US. I got a job offer from an US employer who filed for my H1B last year. I got 1797 approval notice & also my Visa Stamped in November 2015.
    I was suppose to join them by Jan/Feb 2016
    However due to some personal family problems & health issues of my kid, i couldn't.
    Now the employer has informed that they will be revoking the petition as my Visa is not yet activated since i have not travelled to US.
    They will get it activated when i am ready to travel.

    I am not sure how this works and wants some legal opinion on this.

    1) Once they revoke the petition, do i come under CAP exempt slot if i have to activate my VISA again to travel to US.

    2) Can i find some other employer who can get my H1b transferred wvwn though i have not yet started working with the employer who filed for my H1.

    3) What options do i have?

    Appreciate ifsomeone can help me or throw some light if they have any information.

  • #2
    Originally posted by DevK View Post
    My case is as below:
    I am currently based in out of US. I got a job offer from an US employer who filed for my H1B last year. I got 1797 approval notice & also my Visa Stamped in November 2015.
    I was suppose to join them by Jan/Feb 2016
    However due to some personal family problems & health issues of my kid, i couldn't.
    Now the employer has informed that they will be revoking the petition as my Visa is not yet activated since i have not travelled to US.
    They will get it activated when i am ready to travel.

    I am not sure how this works and wants some legal opinion on this.

    1) Once they revoke the petition, do i come under CAP exempt slot if i have to activate my VISA again to travel to US.

    2) Can i find some other employer who can get my H1b transferred wvwn though i have not yet started working with the employer who filed for my H1.

    3) What options do i have?

    Appreciate ifsomeone can help me or throw some light if they have any information.
    1. Yes.
    2. Yes.
    3. Either ask current employer to send latest employment letter, along with H1 amendment, if applicable. Or, find a new employer who can file a cap exempt petition for you.

    This is my opinion not legal advice.

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