Hello I was working for a company till june 2010.I got a H1B visa through that company. My visa says it is valid till Aug 11 2011. How do i know if my visa is still valid or is it been cancelled by my Ex company. Can I use the same visa for working for an another company. How before should I enter US if my visa is expiring by Aug 2011. Please reply. Thank you in Advance.
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I am assuming that you are outside U.S now. You can check the validity of the visa in your passport. The employer can only revoke the petition and not your visa. If you want to work for a new employer in H1B status in U.S, then the employer will need to file a new H1B petition and when that gets approved, you can travel to U.S using the existing valid H1B visa and the newly approved petition. Give the new employer a copy of your existing H1B approval notice and they can file the new petition under the existing CAP from your old petition and request an immediate start date.Not a legal advice. Use of this information is strictly at your own risk.
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Thanks shervin....But the situation is that I may work for the same company i worked for... in that case what is the procedure. I heard from my immigration HR that when I resigned the last time they would cancelled my petition. And how before should I enter US when my visa is expiring by August 2011.
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If the old petition is already cancelled, then the employer need to file a new one. Upon approval you can travel to work for that employer. If the old visa is still valid, then you can use that to travel. You can travel anytime before the visa expires. The I-94 that will be issued to you at the port of entry will determine until when you can legally stay and work in U.S. The I-94 will be issued only till the petition expiry date or sometimes until the visa expiry day. So just in case the I-94 is issued until the visa expiry date, you need time to file the extension. So it is advisable that you travel at least a month before the visa expiry date.
Originally posted by vasanthupendra View PostThanks shervin....But the situation is that I may work for the same company i worked for... in that case what is the procedure. I heard from my immigration HR that when I resigned the last time they would cancelled my petition. And how before should I enter US when my visa is expiring by August 2011.Not a legal advice. Use of this information is strictly at your own risk.
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