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  • H1B Cancellation ? Imp

    Hi All,
    Currently i am working with company A and i have H1B Visa from this company, now i am shifting to company B and resigned from company A.
    Now company A are taking my passport and H1B petition for H1B cancellation, however they will return my passport in 5 days.
    So my queries are:
    1. Is this the right process of cancellation?
    2. As i know after cancellation H1B visa will be stamped by "cancelled without prejudice" is it correct?
    3. If my visa from company A is cancelled, so can company B apply my H1B visa in same cap or it needs to be a fresh application through same lottery system.

    Clear and detailed replies will be appreciated.

    Thanks
    Ankit
    Last edited by ankuankit; 10-13-2010, 12:46 PM.

  • #2
    1. Is this the right process of cancellation?
    Employer doesnt need original passport to cancel the H1. So be cautious before handing them your passport.
    2. As i know after cancellation H1B visa will be stamped by "cancelled without prejudice" is it correct? - "cancelled without prejudice" is only put on Visa when you go for stamping outside US. In this situation nothing wuill change from your passport prespective. You are just transferring your H1 from A to B.
    3. If my visa from company A is cancelled, so can company B apply my H1B visa in same cap or it needs to be a fresh application through same lottery system. - you wont fall under the cap. I would guess you would be transfering your H1, and not filing for a new one any way.

    Comment


    • #3
      Hi OP,

      (1) Employer doesn't have the rights to Cancel your H1 Visa on your Passport.
      As mentioned - it can be cancelled only by US Consulate and that too when you go there for the stamping.
      As Passport is a very important document especially when u r in US,so confirm from your employer-A why they need your passport?

      (b) Answered in 1 - "Cancelled without prejudice" stamp is only when u go to US consulate and VO generally cancels old visa's (which already expired/abt to expire/which u r not going to use)

      (c) Its only the H1 Petition (I-797) which is a employers document can be Cancelled by USCIS on the employers request.
      So you need to transfer your H1 petiton to company B before it is cancelled .
      If you have not completed your 6 years term -then your H1 transfer will be counted under the same cap.But for H1 transfer - you need to provide all necessary docments (like US paystubs ,project details etc etc) which your new employer-B /or its attorney will help you with

      Hope it helps in clarifying your doubts.

      Thanks and Regards,
      Abhay

      Comment


      • #4
        Thanks for the reply to you guys..

        My question is still remain.. !!
        as
        Main thing is I never been to US , so please reply accordingly as i am in india and my company A is Indian company which also has offices in US.Current company applied for my H1b visa and my passport got stamped.
        Upto now i never been to US. So I dont have any paystubs with me stating my salary in $'s as i am working in India.

        I have resigned from company A that applied for my H1b and now they want my passport to send it to US consulate in India to cancel my H1b visa.

        1. Is this the right way ..? as they said it takes the process of 4-5 working days.
        2. They will also take back the I797B approval notice. As its there property.Will it be legal at there end..?

        My new employer Company B is ready to do H1b transfer( re-apply---- they will apply again as new one) but after my joining. but my current company A will give me my passport back after mentioning " Cancelled with non prejudice " and then only i will get my releaving documents and experience letter.

        3:- Will it be fine if i submit my petition to current company A and i will have Xerox of that petition with me and submit my passport for the "cancellation with non prejudice" process and then after joining my new company B,will they be able to file my H1b under same cap as it is valid till 2012 ?

        Abhay i did nt understand below explaination
        " c) Its only the H1 Petition (I-797) which is a employers document can be Cancelled by USCIS on the employers request.
        So you need to transfer your H1 petiton to company B before it is cancelled "

        i wanted to tell you that my company A will petition with thereselves , but i have Xerox of the petition which will help me to fill the DS-156 or DS-160 form again with all the details.
        but my company A will cancel the Visa as they are saying clearly..!! I am confused that my company B have to go for the Qouta again or they can use the same quota..
        Last edited by ankuankit; 10-13-2010, 04:43 PM.

        Comment


        • #5
          Thanks for the reply to you guys..

          My question is still remain.. !!
          as
          Main thing is I never been to US , so please reply accordingly as i am in india and my company A is Indian company which also has offices in US.Current company applied for my H1b visa and my passport got stamped.
          Upto now i never been to US. So I dont have any paystubs with me stating my salary in $'s as i am working in India.

          I have resigned from company A that applied for my H1b and now they want my passport to send it to US consulate in India to cancel my H1b visa.

          1. Is this the right way ..? as they said it takes the process of 4-5 working days.

          ---- All the questions have been answered thoroughly and there is no need to be concerned. You do not submit your Passport to any employer irrespective of where they are located or what is their business

          2. They will also take back the I797B approval notice. As its there property.Will it be legal at there end..?

          If they want to cancel your H1 petition they will write to the USCIS about the issue and you do not have to do anything. All details will be witht themor their attorney even if they have given you originals of all documents

          My new employer Company B is ready to do H1b transfer( re-apply---- they will apply again as new one) but after my joining. but my current company A will give me my passport back after mentioning " Cancelled with non prejudice " and then only i will get my releaving documents and experience letter.

          ---- This is something shady. No company needs to see a visa canceled on your Passport. If the company wants to apply for a transfer of H1 they should be doing it without your intervention in any manner except provideng them with the necessary information

          3:- Will it be fine if i submit my petition to current company A and i will have Xerox of that petition with me and submit my passport for the "cancellation with non prejudice" process and then after joining my new company B,will they be able to file my H1b under same cap as it is valid till 2012 ?

          Abhay i did nt understand below explaination
          " c) Its only the H1 Petition (I-797) which is a employers document can be Cancelled by USCIS on the employers request.
          So you need to transfer your H1 petiton to company B before it is cancelled "

          i wanted to tell you that my company A will petition with thereselves , but i have Xerox of the petition which will help me to fill the DS-156 or DS-160 form again with all the details.
          but my company A will cancel the Visa as they are saying clearly..!! I am confused that my company B have to go for the Qouta again or they can use the same quota..

          ---- It is very clear that all questions have been answered and you just want them to be repeated and there is no point other than that

          ---- If you cannot understand the responses to your post by everyoneelse, then you cannot even convince your employer to provide you a job and proceed with H1 sponsorship

          Subramanya

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