Can current employer have rights to cancel my visa?

[savathar]

I got H1B visa stamped through an employer EX and the visa is valid till 2016. I DIDN'T travel to US still and I like to switch employer being in India.
Now if I switch my employer and join EY, will the visa be still valid or employer EX can cancel my visa?

[raghvi]

I got H1B visa stamped through an employer EX and the visa is valid till 2016. I DIDN'T travel to US still and I like to switch employer being in India.
Now if I switch my employer and join EY, will the visa be still valid or employer EX can cancel my visa?

The visa in passport will still be valid, the employer cannot unilaterally mark that cancelled. They can only revoke the underlying petition. But that doesnt matter to you as Employer EY will/can anyhow file another petition for you.

But yes, you would need approval notice from USCIS for EX's petition in order to be able to smoothly transfer the same visa to EY.

This is my opinion not legal advice.

[savathar]

The visa in passport will still be valid, the employer cannot unilaterally mark that cancelled. They can only revoke the underlying petition. But that doesnt matter to you as Employer EY will/can anyhow file another petition for you.

But yes, you would need approval notice from USCIS for EX's petition in order to be able to smoothly transfer the same visa to EY.

This is my opinion not legal advice.

In that case, I got few more questions. If Employer EY is ready to file a petition for me

1. Will the process takes same 5-6 month period(to get a valid petition+visa transfer)?
2. Will the petition come under current year's cap?
3. Is there a way Employer EY can transfer petition + visa from Employer EX?

Thanks Raghvi !!

[raghvi]

In that case, I got few more questions. If Employer EY is ready to file a petition for me

1. Will the process takes same 5-6 month period(to get a valid petition+visa transfer)?
2. Will the petition come under current year's cap?
3. Is there a way Employer EY can transfer petition + visa from Employer EX?

Thanks Raghvi !!

1. If filed in premium generally takes 2-3 weeks without RFE, if normal processing yes can take 5-6 months.
2. You are already cap counted.
3. Technically there is no transfer as such, its just that employer EY files anew petition for you, but as you are already cap Counted you wouldn't have to wait till next year Oct. You don't need a new visa with employer EY's name on it you can use EXs name visa stamped, and EY' s petition to enter US.

This is my opinion not legal advice.

[savathar]

1. If filed in premium generally takes 2-3 weeks without RFE, if normal processing yes can take 5-6 months.
2. You are already cap counted.
3. Technically there is no transfer as such, its just that employer EY files anew petition for you, but as you are already cap Counted you wouldn't have to wait till next year Oct. You don't need a new visa with employer EY's name on it you can use EXs name visa stamped, and EY' s petition to enter US.

This is my opinion not legal advice.

Thanks Raghvi...