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H1b valid in passport, but petition revoked

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  • H1b valid in passport, but petition revoked

    hi all,

    The visa and the immigration stamp in the passport (from previous employer) is valid till sep 2016. I changed job and also have an approved i797 from current employer till 2017. Meanwhile the previous employer revoked the H1b petition. I am planning to visit canada and has questions about getting visa stamping done.

    1) Since the previous revoked the petition, is the visa in the passport from previous employer still valid?
    2) How would I answer this question? This question decides if I qualify for interview waiver program.
    -- If I am applying for an H visa, my prior visa in the same class is still valid or expired within the last 12 months.
    3) Do I have to get a new stamping done to enter the US again?


    Any help is much appreciated.
    Thanks in advance.

  • #2
    Originally posted by ckshah View Post
    hi all,

    The visa and the immigration stamp in the passport (from previous employer) is valid till sep 2016. I changed job and also have an approved i797 from current employer till 2017. Meanwhile the previous employer revoked the H1b petition. I am planning to visit canada and has questions about getting visa stamping done.

    1) Since the previous revoked the petition, is the visa in the passport from previous employer still valid?
    2) How would I answer this question? This question decides if I qualify for interview waiver program.
    -- If I am applying for an H visa, my prior visa in the same class is still valid or expired within the last 12 months.
    3) Do I have to get a new stamping done to enter the US again?


    Any help is much appreciated.
    Thanks in advance.
    1. Visa is valid till its validity date as long as not cancelled. Visa cancellation and petition cancellation are two different things.
    2. If visa in passport is valid, say yes.
    3. Depends when you travelling to Canada and re entering US. Before Sep 2016 No. After Sep 2016 Yes.

    This is my opinion not legal advice.

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