2 Approved I-797, if I use one for Visa stamp will the other get cancelled?

[ramki22]

Hi!,

I have a new H1B from my present employer (A University H1B) that starts July 1st. Also I have an approved H1B petition from a private company (I was selected in this years's CAP). I am undecided whether to join the company, therefore:

1. IF I travel to my Home country and get the H1B stamped using the University approved petition (I-797), will my other H1B approval (from the private company) get automatically cancelled????

2. Is it possible to get stamping using both the valid (approved I-797) H1B petitions?

Please advice.

Thank You

[cyanide]

It's legal to have more than one approved 797's. But at a time, you can have only one valid VISA stamped on your passport.
So before going to stamping, decide on what company you are planning to join and present those documents @ the consulate.

And NO, your other 797 won't get cancelled immediately after your stamping. But it will get cancelled as soon as you get into the country and start running your first payroll.

~cyanide.

[ramki22]

Thank you very very much!!! 1 more related question ...

CAN I DO this?:

I now use the University approved petition (I-797) to get the Visa stamped (in my home country) and I enter USA as an Univ employee (I94 will be based on the University job). NOW, if I resign my Univ job after after entering the US, can I still start working for the Private firm immediately (without going back again to get a new visa stamp), since I already have the company's CAP approved H1B ?? (

Please kindly reply..

I really appreciate your advice .... this is incredibly helpful , as I have also zero idea about this!

Thanks & Regards

It's legal to have more than one approved 797's. But at a time, you can have only one valid VISA stamped on your passport.
So before going to stamping, decide on what company you are planning to join and present those documents @ the consulate.

And NO, your other 797 won't get cancelled immediately after your stamping. But it will get cancelled as soon as you get into the country and start running your first payroll.

~cyanide.

[cyanide]

Once you have a H1B approved, you won't need to go thru the cap again for 6yrs, irrespective of whether you do a H1 transfer or not.

So, as long as u don't run your payroll, your petition with the private company is valid and you can jump at any time. But, if you do run your payroll on the Univ job and the other H1 get's cancelled, then you will need to do a H1 transfer. But you still don't have to go thru the cap.

I hope it made sense.

~cyanide.

[ramki22]

Thanks a ton !!!!

Thank you very much !!

Once you have a H1B approved, you won't need to go thru the cap again for 6yrs, irrespective of whether you do a H1 transfer or not.

So, as long as u don't run your payroll, your petition with the private company is valid and you can jump at any time. But, if you do run your payroll on the Univ job and the other H1 get's cancelled, then you will need to do a H1 transfer. But you still don't have to go thru the cap.

I hope it made sense.

~cyanide.