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H1B petition status valid or not?

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  • H1B petition status valid or not?

    Hi,

    I am working for a company, A Ltd. in India. They filed my H1 in 2006 (with their sister concern in US, A Inc. ). I went to US in April 2007 and after completion of my assignment, was transferred back to India in Novembor 2007 to A Ltd. I am still working for the same company, I now need to travel again to US again but the Legal advisor (at A Ltd.) here tells me that my H1B petition is not valid anymore since I am no more on the payrolls of "A Inc".
    I am confused. Is there a way I can revive my H1B petition ? Can I attempt an H1B transfer from India itself? any help/suggestions are most welcome.

    Please advise.
    Gaurav

  • #2
    If you are going to work for company A again in US (same as your old petitioner), the H1b is still valid if they have not revoked it. This legal advisor really needs more help and a refresher of H1b rules.

    H1b I797, if unexpired can be used with a valid H1b visa to work for the company that has the approved I797 along with a new offer letter and new start date to enter US. Just ensure the company has not revoked the H1b. If so, they need to apply again for approval and can be done from outside the US.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Hi,

      First, thanks a lot for your reply.
      I have called up USCIS to verify the validity of H1B, but they say they disclose this information only to the employers. I am trying to contact a consultant who gets H1B transferred.
      But I am not sure , what can they do if the visa is revoked by my employer. 1) Can they somehow get to know the exact status of the H1b and convey it to me?
      2) Can they get the h1B transferred if it has been recently revoked?
      3) If they can revive the visa/petition, does it mean filing the pettition again whose costs have to borne by me?
      4) If it is not been revoked , what is the likely cost to me?

      I have asked quite a few questions, please bear with me and reply.

      Thanks
      Gaurav

      Comment


      • #4
        You need to understand some H1b basics. Read the FAQs and that should cover it all.


        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Is my H1B still valid or not?

          Somebody please help :




          I have a valid H1B till MAR 2014 sponsored by company X. I resigned the company for my higher studies and rejoined it one year later. So can i use the same Visa to travel? What if the company has revoked the petition?




          response will be highly appreciated.
          Originally posted by txh1b View Post
          You need to understand some H1b basics. Read the FAQs and that should cover it all.

          https://www.immihelp.com/h1-visa-faq/

          Comment

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