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H1B Visa valid + old petition revoked + new petition filed under cap exempt

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  • H1B Visa valid + old petition revoked + new petition filed under cap exempt

    Hi

    I was working in US.I lost my job so I came back to India.There was no overstay or anything else.My old employer revoked my H1B petition

    I found another employer who filed my H1B .I got it approved while in India.The visa notice say I797B with consualte mentioned as new delhi with validity of 3 years.
    Now I am planning to go back to USA
    My visa is stamped for 1 more year with old employer.

    Can I travel without new visa stamping or should I go to consulate for stamping.

  • #2
    H1B Visa Valid + new petition

    [QUOTE=gad_fhat;303498]Hi

    I am looking for answer in scenario where i have valid visa stamp and new approved petition from another employer. As long as i have stamping that is valid from old employer can i travel to US with new approved petition I 797 B. Kindly Reply.

    Were you able to travel to US in your scenario without going for stamping again. Appreciate your reponse.


    Regards
    Krish

    Comment


    • #3
      In principle you can use the same Visa with the new petition. However, recently CBP officials are issuing I-94's according to the Visa and not the petition expiry date. So it is better to apply for a new Visa. Alternatively, you will have to file for extension before your I-94 expires.
      This is my opinion and not legal advice.

      Comment


      • #4
        I am in same situation. gad_fat, what did you do? Did you get it stamped before you return to US? Please answer.

        Comment


        • #5
          [QUOTE=chaitanyakrishna;314720]
          Originally posted by gad_fhat View Post
          Hi

          I am looking for answer in scenario where i have valid visa stamp and new approved petition from another employer. As long as i have stamping that is valid from old employer can i travel to US with new approved petition I 797 B. Kindly Reply.

          Were you able to travel to US in your scenario without going for stamping again. Appreciate your reponse.


          Regards
          Krish
          You can travel with old visa if it is still valid but show the new approved petition in POE

          Comment


          • #6
            Urgent Help please

            Hello, How did you apply for your H1B from new Employer ? is this a cap exempt ?

            I have received NOIR from USCIS for multiple H1B filing. Am i eligible for cap exempt if my H1B is revoked by USCIS ? Please advise.

            Comment

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