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  • Help Poor Guy

    I am H1b. I have come in Oct 2008. Now applied H1b transfer. Got the receipt. The case is under process. My old employer is not knowing this. He has not revoked my H1b. I have good relationship with him. My passport is stamped for three year until 2011 with old employer. What...:

    1. If I go to India and my old employer revoked my H1b..(Say I dont know his action) I come at POE..CBP will see the h1b is revoked..but also sees my petition is under process. Can he deny entry..if yes then under what ground..

    2. I am told that the revoke H1b will not be seen in USCIS website. Always it says it active. Is that correct?

    3. Say if he does not revoke my H1b then while entering at POE can CBP ask me about employer which should I say old or new?( new is under process)

    4. Say if the new is approved but the I797 is not forwarded to me then if they ask me what to do? If say I get photocopy by scanned one sent by my lawyer is that ok to show?

    Can some one help me..I want to go to India and hearing lots of rumours about POE..I am scared to see my old parents and kids aways from me..This is due to all bloody money issue as home...please help...

  • #2
    You need to do more reading on the forum. A revoke revokes the H1b petition of that employer and not a visa. If you have another approved I797 or a pending transfer, the visa could be under any company name and you can still use it to travel and return.

    Travel on a pending transfer is not recommended. You need to be working for the new company and travel after the petition is approved.

    Read the FAQs and help yourself.

    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


    • #3
      Thanks buddy..

      I was not expecting a reply so fast. My many thanks.

      If the petition is revoked how would i come to know if employer does not say.
      And if my petition is not revoked can I come on :
      1. pending new petition.
      2. If new I797 is with me then on copy of that but saying at the POE that I still work for old employer. If then what would they need to check additionally?

      Comment


      • #4
        1. Possible but risky. Read threads on the forum "meatmeetohio" is key word.
        2. Why would you give your old employer name when you enter? That is fraud and you could be deported. You should always give the current employer details and I797 when you enter irrespective of what is on your visa. The visa remains valid irrespective of what employer name is on it with a new valid I797.

        Do some reading and help yourself. You really need it!

        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
          Thanks buddy but..

          I will wait until I get new I797.
          1.However I was wondering why many says we can have as many I797 then. Its my choice to work with one now. But then I can work with 3 month with 1 I797 and then goto another (already approved I797).

          2. "meatmeetohio" is not available. Is the spelling right?

          Thanks heartily for replying..

          Comment


          • #6

            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


            • #7
              Thanks a lot

              god bless you my friend

              Comment

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