Cancelling of H1 Visa Stamp

[Orkay]

Hi,
I'm posting from India. I hava valid H1b from employer A. I do have SSN, I was in US for 4 months on H1B. But returned due to family reasons. Now Employer A is not interested in sending me back. Can I transfer my H1 to another employer? is there a provision for my current employer A to cancel my Visa? if yes what will be the impact and please suggest how to tackle the situation.

Thanks in advance for any replies.

[kabkaba]

A can withdraw their petition, but that makes no difference to you. Another employer can still file cap-exempt petition for you.

[kadkhiq81]

Cancelling of H1 Visa Stamp

If they ask for your passport to cancel your visa, you don't have to give it to them.

And if they cancel your visa stamped on passport if any case, You need to go for a stamping once your new petition approved.

This is my opinion

[Orkay]

If they ask for your passport to cancel your visa, you don't have to give it to them.

And if they cancel your visa stamped on passport if any case, You need to go for a stamping once your new petition approved.

This is my opinion

Thanks for the reply. The problem i see is if i dont give the passport there is every possibility that my employer might not give me the experience and other exit documents.
I've worked for nearly 4 yrs with this company so i dont want to loose the experience certificate and other exit documents.
So the other option i would like to understand is, if i get my petition transfered to another employer and even if the stampped visa is cancelled still i can get the stampping through the new employer. is my understanding right? if yes what will be the possibilit of the stamping getting rejected and howmuch would it cost?

[kadkhiq81]

Cancelling of H1 Visa Stamp

Yes and your understanding is correct.

No one can predict the possibility but nothing would stop you if you have all the documents properly and if your new employer does not have any previous bad record.

This is my opinion.

[happybuddha]

Thanks for the reply. The problem i see is if i dont give the passport..

What if the passport was genuinely lost

[kadkhiq81]

police Complaint

In that case, Employer might ask to show police complaint if they are very particular-:

[imirza]

This may sound naive but....
how can an employer cancel the visa? I mean all they can do is revoke the H1B. The visa can only be cancelled by an US Officer (at consular post or airport).

Am I wrong in stating this?

[nicoeppersma]

This may sound naive but....
how can an employer cancel the visa? I mean all they can do is revoke the H1B. The visa can only be cancelled by an US Officer (at consular post or airport).

Am I wrong in stating this?

No, you are right. I was about to post the same.

If TS' employer makes any attempt to change or mutilate the visa, TS can report this to the U.S. authorities: they will launch an investigation and may bar the employer from filing future petitions.

[Crazyworld]

wtf

Who the hell is employer to ask for employee's passport and visa? They can only ask uscis to revoke petition thats it..Even if u give ur passport and they try to damage it then they are taking laws in to their hands and could be prosecuted.

[Orkay]

Who the hell is employer to ask for employee's passport and visa? They can only ask uscis to revoke petition thats it..Even if u give ur passport and they try to damage it then they are taking laws in to their hands and could be prosecuted.

ok. When I say the employer A cancelling the visa, i dont mean that A cancelles or does something on my passport. I heard that employer A can apply for visa cancellation and send my passport to consulate to get a "CANCELLED" seal on the visa.

[kadkhiq81]

Cancelling of H1 Visa Stamp

Yes, I heard that too but not sure about the authenticity of that news. I am not even sure whether do they have any process for an employer to submit the passport to USCIS to cancel the visa.

But again, if that happens in any case, you need to go for a new stamping for your new approved petition.

[Crazyworld]

ok. When I say the employer A cancelling the visa, i dont mean that A cancelles or does something on my passport. I heard that employer A can apply for visa cancellation and send my passport to consulate to get a "CANCELLED" seal on the visa.

Passport and visa belongs to you Period..
It's you who goes for h1 interview not company..they just sponsor your I 129 Petition and if they want they can also ask uscis to revoke already approved petition but they have no right to send your passport anywhere without your permission..I don't think any company would be that stupid to invite legal proceedings by doing so.