H1B and resignation

[curious_ag]

Hi, I have resigned from my current org., working in India and am serving my notice period. I need some expert opinion/help on my visa. I am holding a valid H1B visa which I recently got stamped (as also a B1) but no US opportunity till date. Now my immigration team has asked me to submit I797 as well as passport so they can send it to US embassy for cancellation/intimation (??). They won't give me clearance otherwise. I am concerned if this is a standard procedure for cos. and if it's okay to submit the passport, and in how much time will I get it back (hopefully within a month, before my notice period ends). Also, I hope no impact on my B1?

Please guide, I am new to this site, thanks in advance!
AG

[raghvi]

Hi, I have resigned from my current org., working in India and am serving my notice period. I need some expert opinion/help on my visa. I am holding a valid H1B visa which I recently got stamped (as also a B1) but no US opportunity till date. Now my immigration team has asked me to submit I797 as well as passport so they can send it to US embassy for cancellation/intimation (??). They won't give me clearance otherwise. I am concerned if this is a standard procedure for cos. and if it's okay to submit the passport, and in how much time will I get it back (hopefully within a month, before my notice period ends). Also, I hope no impact on my B1?

Please guide, I am new to this site, thanks in advance!
AG

They can ask for I797 and you can keep a xerox for your future purposes. But a passport is your personal item and they dont have any legal right to ask for it. And further US consulates dont cancel visas on passports on request by companies. In fact I believe its illegal for any company immigration team or unauthorized person to modify the passport/visa in any form.

As for clearance, it an internal matter between the HR and you.

This is my opinion not legal advice.