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H1B transfer and traveling out of country.

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  • H1B transfer and traveling out of country.

    Hi,

    I currently have visa valid till feb next year. I am taking up a new job and hence have a new approved I797 petition from the new employer valid till 2011.

    1. Can i visit india for a period of 2 weeks, and then enter US showing the new petition and stating that i am going to start work for the new employer?
    I was told by the attorney that i do not need to stamp for visa in India until my current visa is valid.

    Can anyone share light?

  • #2
    You can safely travel out of US and comeback by showing your old visa stamp and the new H1B papers, which should include an updated offer of employment explaining your vacation before joining the company. Stamping H1B visa for Co.B is not mandatory.

    BUT, I am not sure if this is possible or not in case your H1B already revoked by employer A.

    __________________
    I am not a lawyer.
    I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

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    • #3
      Can anybody revoke the H1 ? How do we get to know ?

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      • #4
        Can anybody revoke the H1 ? How do we get to know ?
        -- Employer A can revoke your visa
        --- from employer A / uscis

        You already have an approved I797 petition from employer B ,so you are fine even if employer A revokes your petition.

        Only concerned thing is "can you travel on old visa if that is revoked"
        You need to talk to your attorney on this scenario.
        I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

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        • #5
          Originally posted by itzprams
          Only concerned thing is "can you travel on old visa if that is revoked"
          You need to talk to your attorney on this scenario.
          That isn't a concern. A revoke voids the petition for that employer only and has got nothing to do with the visa. Visa can be used for any employer with an approved I797 from them even if the employer that the visa was approved for revoked the H1b petition.

          http://immihelp.comhttps://www.immih...m/h1-visa-faq/

          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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