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Can cancelled visa be used by new employer.

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  • Can cancelled visa be used by new employer.

    I was in USA on H1B till 1st May 2011 but due to some personal issues travelled back to India.
    In the meanwhile my employer cancelled my work permit i.e. I-797 due to my change of status.

    I still have a stamped H1B visa on my passport which is valid till 20 Sept 2012. I am looking for a sponser who can filea new H1B petition for me taking on my current visa.

    Please let me know if a new sponser can file for a fresh work permit for me using the old CAP number. if yes then what all is needed to accomplish that and do I need to go for a fresh visa stamping on my passport.

  • #2
    Any new employer can file a H1B petition on your behalf using the CAP from the previous H1B approval notice. Just give the new employer a copy of the previous H1B approval notice in addition to the other documents that you gave your first employer to process the H1B petition.

    You can use the newly approved H1B approval notice with a valid H1B visa (from the previous employer) to enter U.S and work for the new employer.
    Not a legal advice. Use of this information is strictly at your own risk.

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