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H1B visa stamping after cancelling previous visa at POE, issuing I275 & deported
I was recruited by US employer A in Feb 2015 for a project. H1B petition is approved in July 2015. Got visa stamped in Nov 2015. I quit my previous employer in Saudi Arabia in Feb 2016 after serving full notice period. I moved to US on 6th March and started working with employer A. By the time I join the project, US employer A contract with the client was getting finished. So employer A was about to assign me another project. In the meantime, I got to know about better career opportunity(skills, position, salary) with my dream company B. I was selected in interview and offer letter was issued to me on April 1st 2016.
So I quit employer A on April 1st 2016. I wanted to return to India immediately. But company B's attorney advised me wait there in US until i get new I797 approval notice. So i waited there in US without employment spending money from my own savings while paper work for H1B petition under Consular processing was in progress.
Attorney advised that since my previous visa is valid until September 2018, no need of going for visa stamping with new employer details. Getting new I-94 by exit and re-entry into US would qualify me to be able to start working with new employer B. I received new I797 appoval notice on 25th May 2016 and i was advised to go to either Mexico or Canada (under automatic revalidation visa waiver program) and come back to start working with new employer B from 31st May 2016. Start date was confirmed by hiring manager on only email, not on a letter. So went to Otay Mesa Port of Entry by road to get new I-94 with valid visa representing employer A and new I797 approval notice of emploer B.
At Port of Entry, CBP officer refused my entry into US for below reasons
1). Visa stamped is for employer A, not valid to work for employer B.
2). Employer B offer letter issued on April 1st 2016 was not having start date
3). CBP officer mistaken me that employer A itself was getting closed when i said employer A project contract with the client was getting finished by end of March.
They cancelled my visa, issued I-275 (Withdrawal of Application for Admission/Consular Notification), took away I797 notices of employers both A & B and deported me back to India on my own expenses.
Employer B's attorney advising me to schedule an interview slot (current waiting time is too high) and go for stamping again. Please clarify below doubts which will be really helpful to me at this stage.
1). Can i attend visa interview at any one of 5 consulates in India?
2). Can i attend visa interview with photo copies of I797 approval notice of employer B ? Original copies are taken by CBP officers.
3). My dependents have never used their H4 visa which is valid upto 10th September 2018 indicating employer A name. Do they still have to get new visa stamped along with me?
4). Also please advise me if any special documents or proofs required to carry for the interview.
Thank you so much for your time and valuable inputs.
So I quit employer A on April 1st 2016. I wanted to return to India immediately. But company B's attorney advised me wait there in US until i get new I797 approval notice. So i waited there in US without employment spending money from my own savings while paper work for H1B petition under Consular processing was in progress.
Attorney advised that since my previous visa is valid until September 2018, no need of going for visa stamping with new employer details. Getting new I-94 by exit and re-entry into US would qualify me to be able to start working with new employer B. I received new I797 appoval notice on 25th May 2016 and i was advised to go to either Mexico or Canada (under automatic revalidation visa waiver program) and come back to start working with new employer B from 31st May 2016. Start date was confirmed by hiring manager on only email, not on a letter. So went to Otay Mesa Port of Entry by road to get new I-94 with valid visa representing employer A and new I797 approval notice of emploer B.
At Port of Entry, CBP officer refused my entry into US for below reasons
1). Visa stamped is for employer A, not valid to work for employer B.
2). Employer B offer letter issued on April 1st 2016 was not having start date
3). CBP officer mistaken me that employer A itself was getting closed when i said employer A project contract with the client was getting finished by end of March.
They cancelled my visa, issued I-275 (Withdrawal of Application for Admission/Consular Notification), took away I797 notices of employers both A & B and deported me back to India on my own expenses.
Employer B's attorney advising me to schedule an interview slot (current waiting time is too high) and go for stamping again. Please clarify below doubts which will be really helpful to me at this stage.
1). Can i attend visa interview at any one of 5 consulates in India?
2). Can i attend visa interview with photo copies of I797 approval notice of employer B ? Original copies are taken by CBP officers.
3). My dependents have never used their H4 visa which is valid upto 10th September 2018 indicating employer A name. Do they still have to get new visa stamped along with me?
4). Also please advise me if any special documents or proofs required to carry for the interview.
Thank you so much for your time and valuable inputs.
