H1 visa stamped from Employer A but not travelled.

[ashish_gupta]

Hi all,

I have got the H1 Visa stamped by the Employer A, but now there is no opportunity of traveling from this employer and also I have never traveled to US before, so i have decided to move on with Employer B, but due to reason I am resigning from Employer A and as part of the clearance activity with Employer A they are demanding the Original I797 from me.

My questions are :--Is it legal from there side to ask for the same, will I be able to transfer my visa to Employer B without Original I797 or the new employer B have to file separate petition and get the separate approval notice/I797.

Please respond with your valuable answers to the same.

Regards,
Ashish

[raghvi]

Hi all,

I have got the H1 Visa stamped by the Employer A, but now there is no opportunity of traveling from this employer and also I have never traveled to US before, so i have decided to move on with Employer B, but due to reason I am resigning from Employer A and as part of the clearance activity with Employer A they are demanding the Original I797 from me.

My questions are :--Is it legal from there side to ask for the same, will I be able to transfer my visa to Employer B without Original I797 or the new employer B have to file separate petition and get the separate approval notice/I797.

Please respond with your valuable answers to the same.

Regards,
Ashish

Keep a copy with you. The next employer need not see your original but would want to at least see a copy as this proves that you were cap counted in last 6 Years and need not be part of a fresh cap for 6 Year from initial cap.

This is my opinion not legal advice.