H1b Revoked and planning to apply afresh - Please Help me...

[sudhakar0204]

I was selected in 2008 financial year H1b lottery and got an approval for my H1B petition. I attended the visa interview in June 2008 and obtained visa valid till August 2010. Since i have not travelled to US because of recission my employer has revoked the petition in August 2009. Later it was communicated to me.


1. If i want to apply again for H1b now, incase of my old employer then also
is it compulsory to attend visa interview or the old visa is OK (since it is
valid till August 2010)?

2. do i need to wait till April 1st this year to file my petition or right away can
i apply for a new petition (since my case won't come under the annual 65k
cap)?

3. If i want to apply again for H1b now through a new employer then is it
compulsory to attend visa interview or the old visa is OK (since it is valid
till August 2010)?

[shervin143]

You would have figured out the answers to all your questions if you would have read the FAQ's first.

I was selected in 2008 financial year H1b lottery and got an approval for my H1B petition. I attended the visa interview in June 2008 and obtained visa valid till August 2010. Since i have not travelled to US because of recission my employer has revoked the petition in August 2009. Later it was communicated to me.


1. If i want to apply again for H1b now, incase of my old employer then also is it compulsory to attend visa interview or the old visa is OK (since it is valid till August 2010)?

>>> Old visa is okay.

2. do i need to wait till April 1st this year to file my petition or right away can i apply for a new petition (since my case won't come under the annual 65k cap)?

>>> You can file now since you are already CAP counted.

3. If i want to apply again for H1b now through a new employer then is it compulsory to attend visa interview or the old visa is OK (since it is valid till August 2010)?

>>> You can travel with the old visa and new petition.

[sudhakar0204]

Hi Shervin

Thanks for your Reply...

Today i made a call to Chennai US consulate and checked for the validity of the visa if i get new I-797 through new employer.

They said since i haven't made first entry so far with my old employer, even if i get an approved petition & has a valid visa i mush attend for visa interview again with the new I-797 petition..

Could you please guide me on this.......

[kabkaba]

Recently I read somewhere that first entry should be consistent with the reason visa was obtained. But I have also read a lot of times that one can use a visa to enter if supporting documentation is different but valid. I don't know which to believe. I would believe the consulate.

[sudhakar0204]

Could any one share other views on this case.....