Can Employer has ability to cancel both H1b Visa and petition or only petiton.

[sai1984]

Hi,

My current employer A has applied for H1B under 2012 quota and I got the visa issued in Oct 2012 with validity till 2015. Till now I didn't use it and traveled to USA.
Now I have decided to join employer B , who has offered me job at USA location by considering my valid H1B. He is willing to apply for H1B transfer.

I have consulted an attorney to seek his opinion in my case.

He has suggested that as per law I can travel with my existing visa of employer A and work for Employer B provided I do have approved petition of Employer B.
But he is insisting to be on safer side at POE its better to get new visa stamp.He also said that most of the
consulate officers at Port of entry suggest to get new visa stamp in case there is a change in employer and traveling from home country and did not entered to USA previously.

My concerns are

1)Do I need to go for a new visa stamp with employer B ?
2)Just in case if I have decided to go for visa stamp again, what sort of questions the Visa Officer at consulate can shoot by taking my previous visa and employer into consideration ?
3)As I will be joining employer B after resigning from current employer A, Can my current employer cancel both approved petition and visa or only petition.
I heard an employer can cancel only petition not visa.
4)Can Employer B initiate H1B transfer, once current employer cancels the visa and petition. Will it have any impact in getting approval with USICS.

Thanks,
Sai

[immihelp]

1. There is nothing more to add than what your lawyer already told you.
2. Just answer truthfully regarding what is going on with your job offer with Employer A.
3. Just the petition.
4. There is really no concept of "transfer". Read https://www.immihelp.com/h1-visa-transfer/

[sai1984]

Thanks immihelp (Admin) for quick response.

My main concern is with in the same forum I saw couple of members replying that one can use existing/old visa obtained from previous employer to travel .
So I want to find out is it illegal or permitted one.

1)Do they depart me just in case if travel with existing/old visa obtained from previous employer along with new approved petition of employe B. I can produce my resignation letter and also relieving ,experience letters and last payslips with Employer A. Is this documentation not enough to enter USA.

2) I do agree there is no concept of H1b transfer, it's filling a new petition with employer B.

Regards,
Sai

[srajesh]

Thanks immihelp (Admin) for quick response.

My main concern is with in the same forum I saw couple of members replying that one can use existing/old visa obtained from previous employer to travel .
So I want to find out is it illegal or permitted one.

1)Do they depart me just in case if travel with existing/old visa obtained from previous employer along with new approved petition of employe B. I can produce my resignation letter and also relieving ,experience letters and last payslips with Employer A. Is this documentation not enough to enter USA.

2) I do agree there is no concept of H1b transfer, it's filling a new petition with employer B.

Regards,
Sai

Hi Sai,

I understand that this is an old subject. I would like to know if you finally travelled with new stamping or with just old company's h1b stamping. Please let me know as I am also in a similar situation.

Thanks!
Raj

[Iamme]

Hi Raj & Sai,

I am in a similar situation. I would like to know if you guys finally traveled with new stamping or with just old company's h1b stamping. Please let me know.


Thanks