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  • Unused H1B Validity Check

    HI,

    I got H1B stamped in December 2009 from Company X. After the initial visa stamping in India, I have not travelled to the US (due to market conditions). It's been an year I have not used the visa. Now I have a job opportunity from a client Y in the US.. I 'd want to work at Y, but on X's payroll. Company X is not entertaining my requests. Is there a way to check if Company X has not revoked my H1B visa? Talking to X regd the same is the last option, ofcourse! Is there a way to know the latest status of a H1b visa which is unused for more than a year?

    Any pointers for the same are highly appreciated.

    Cheers,
    IB.

  • #2
    Talking to X is your first and only option. If an employer does not offer you a job you cannot travel to the US even if you have a visa.
    If you find another employer, they may file a cap exempt petition for you and you may enter using that petition. But you will need previous petition receipt number.
    This is my opinion and not legal advice.

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    • #3
      "If you find another employer, they may file a cap exempt petition for you and you may enter using that petition. But you will need previous petition receipt number."


      In this case if we get an approved petition with a new employer, do we need to attend for visa interview again (provided the visa is yet valid)? or old visa is OK

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      • #4
        Old visa is fine.

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        • #5
          For the below question :::

          "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.

          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......."


          Your answer :

          "what answer you want from others when you already got an answer from consulate?"


          But in this thread you are saying old visa is fine.... which on e we need to take as advice??

          Thanks for your assistance....

          Comment


          • #6
            People have travelled without any issues with an approval notice of one company but with a valid visa stamped of a different company. This has never been an issue so far. However, if the VFS says that you need to get the visa stamped, then I would go for it. There is no point beating around the bush. If you want to travel with a peace of mind, then you should follow the words of VFS.
            Not a legal advice. Use of this information is strictly at your own risk.

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            • #7
              Thanks for the replies. Appreciate it!

              - iB

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