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H1B - Cancelled without Prejudice

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  • H1B - Cancelled without Prejudice

    Hi All,

    I know this is a general question but my case is a little different.

    I have been working for a reputed firm(X) in India from the last 4.5 yrs. Another firm in U.S(Y) has filed my H1B in 2008. I got stamped in 2008 and had the validity till Sep2011. I couldn`t travel to US because of the recession in the US at that time. Meanwhile my current firm (X) has asked me to get B1 stamping and travel. They insisted and I couldn`t refuse.

    I went for B1 stamping and the officer and got B1 approved but the H1 had a stamp - 'cancelled without prejudice'.

    I seriously want to utilize/renew my H1B now. Is there any chance for me to use my H1B. If yes, may I know the process please? what about my I797?

    Regards,
    Guru.

  • #2
    Your approval notice will be valid until the expiry date printed, unless the petition is already been revoked by the employer. If you want to travel now to join the H1B employer for work, then you need to get the H1B stamped again. If you still have the job and if you have all the required documents, then you can schedule the H1B visa appointment again. They might question why you didn't travel earlier.
    Not a legal advice. Use of this information is strictly at your own risk.

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