H1 Stamp Cancellation

[dixita1989]

Hi,

I am working for company A in india. They have filed my petition and H1 VISA stamping has been done on name of Company A.

I have resigned from company A and as per their policy we have to submit the passport for visa cancellation.

I just want to know, any employer can cancel the VISA stamp if employee is resigning, or its completely depend on the Company Policy?

Thanks in advance.

[txh1b]

As explained earlier, the petition belongs to the employer and can be cancelled. The visa belongs to the US govt and employer cannot cancel the visa. Visa remains valid and can be used for another sponsor even if the employers cancel the petition.

[dixita1989]

Can employer ask me to go to consulate and cancel the VISA volunteerily and then only they would give all required letters of employment?

[kabkaba]

Have they asked you any such thing?

[dixita1989]

As per the company termination process, i have to do this or they will collect my passport and get that done.

I am not sure do they have any rights to do such kind of thing or they ask to do so to reduce attrition?

I just want to know, do they have legal right to ask for visa stamp cancellation on passport? If no, will employee need to abide to employer policies in this case?

Thanks in advance.

[kabkaba]

They don't have the right to ask for your passport. The visa belongs to you and not them. They can revoke the petition on their own, since it belongs to them.
Even if they cancel the visa, you are still not subject to cap until you finish 6 years in the US in H1/L1 status. So another employer can still petition for you with immediate start date and you can again apply for the visa using that new petition.
So the choice is up to you if you want to argue and litigate with your company or not. You can consult an attorney.