My H1B Visa??

[sids911]

Hi Friends,

Its my first post, and I am sure a few of my questions have already been answered, but I am still hoping I could get some clear answers pertaining to my situation.

So here it is. I was in the US on H1B till last month. My Visa expires September 2011.

I resigned from my H1B sponsor/employer, company A, and Joined a company B in India. Now I feel I made a decision in haste and should have stayed in US for some more time, usual R2I settling issues.

1. What are my options now. Can I look for another employer in US itself, who would be willing to take over (transfer?) my visa? Can the new employer do that? How can I find if my visa is not cancelled by the previous company A?

2. If previous employer A indeed has cancelled the visa, would I have to go thru reapplying the visa, going thru the lottery and all?

3. The previous employer A has not given me any relieving letter, saying they do not give any such document. They just have approved my relieving to my current employer B over email. Would this be a problem if I dont have a relieving letter from company A, if I manage to find another US company who would sponsor my visa?

I am confused about my status right now, dont know what should I do and your responses would really help in deciding my course of action.

Thanks Again!

[shervin143]

1. What are my options now. Can I look for another employer in US itself, who would be willing to take over (transfer?) my visa? Can the new employer do that?
>>> Possible. Find a new employer and ask them to file a new H1B petition using the same CAP from the existing approval notice. When that gets approved, you can work for the new employer in U.S.

How can I find if my visa is not cancelled by the previous company A?
>>> This doesn't matter. If the petition was revoked, then you cannot work for that employer. It doesn't mean that you can use that CAP to file a new petition through a different employer.

Note: What gets revoked is your petition. No one can revoke your visa other than the consulate.

2. If previous employer A indeed has cancelled the visa, would I have to go thru reapplying the visa, going thru the lottery and all?
>>> No. Read answer 1. You can use the CAP from the old petition.

3. The previous employer A has not given me any relieving letter, saying they do not give any such document. They just have approved my relieving to my current employer B over email. Would this be a problem if I dont have a relieving letter from company A, if I manage to find another US company who would sponsor my visa?
>>> It is not required. However, getting an experience letter with your roles and responsibilities and the technology that you have used in your job with the designation will help a lot when you apply for GC.