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H1B petition valid till Oct 2012

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  • H1B petition valid till Oct 2012

    Hi,

    H1B approval date - October 2009.
    Worked for H1B employer from October 2009 till June 2011.
    Travelled to India for visa interview : June 2011 for vacation.
    Visa interview date : 1 July 2010.
    Visa stamped after 221g : 25th June 2011.
    H1B employer did not want to take me back after visa approval. H1B employer called up DOL and cancelled my petition.
    I have the original petition valid till Oct 2012 and a valid visa till Oct 2012. Can I travel to US using this visa ? Can I file for H1b TRANSFER BEFORE OCT 2012 ?

    pLEASE CLARIFY.

  • #2
    No, you cannot use that petition to travel to US.
    Any other employer can file a cap-exempt petition for you at any time. If petition is approved, you can use that new approval notice and your current Visa (if not expired at that time) to travel to US and work for this new employer.
    This is my opinion and not legal advice.

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