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  • Cancellation of old H1 petition

    I have a question about cancellation of old H1 petition.
    I had a I-797 petition from employer A whom I never worked for. Based on this petition, another employer B offered me a job and applied for a new H1 petition and Change Of Status which was approved by USCIS and I am employed with employer B for 7 months now.

    Today I received a call from employer A asking about my status. Is it safe to let him know that I have another petition and is working for another employer. I have not yet got the H1 stamped for the new petition but Change Of Status has taken effect. Is it a problem if the employer A cancels his petition.

    Thanks

  • #2
    Originally posted by pranava
    I have a question about cancellation of old H1 petition.
    I had a I-797 petition from employer A whom I never worked for. Based on this petition, another employer B offered me a job and applied for a new H1 petition and Change Of Status which was approved by USCIS and I am employed with employer B for 7 months now.

    Today I received a call from employer A asking about my status. Is it safe to let him know that I have another petition and is working for another employer. I have not yet got the H1 stamped for the new petition but Change Of Status has taken effect. Is it a problem if the employer A cancels his petition.

    Thanks
    -- you have new I797A from second employer? dont send your I797 to employer A. so, you get H1 Transfer right?
    Employer A can deny his I797 anytime, you dont have to apply for it. but be sure that you have I797 and sucessfully H1 Transfer with Employer B, Employer letter all necessory docs from Employer B. now for you Employer B is more important then employer A.

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    • #3
      So I never worked for employer A in the first place. I just had his petition. Based on this old petition, a new employer filed for a fresh petition with Change of status on which i am now employed. So there is no H1 transfer here. I just want to know if the old employer cancels the old petition, if it would affect me

      Comment


      • #4
        Originally posted by pranava
        So I never worked for employer A in the first place. I just had his petition. Based on this old petition, a new employer filed for a fresh petition with Change of status on which i am now employed. So there is no H1 transfer here. I just want to know if the old employer cancels the old petition, if it would affect me
        -- Are you into USA? or in India? listen if you are on H1B into USA then you have to apply for H1B transfer , if you still not into USA and still not applied for visa on First Employer A petetion, then dontworry about it use new fresh I797B of Employer B for visa stamping. its never be affect you.

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        • #5
          I am already in the US working for the new employer on the new petition. the new employer applied for a change of status so i am automatically already on H1 with the new employer. i have not got my h1 explicitly stamped. so can the old petition be canceled now?

          Comment


          • #6
            Originally posted by pranava
            I am already in the US working for the new employer on the new petition. the new employer applied for a change of status so i am automatically already on H1 with the new employer. i have not got my h1 explicitly stamped. so can the old petition be canceled now?
            --
            When one H1B holder selected by USA employer & he/she is Already into USA, he/she want to change employer A to Employer B in this case called H1B transfer..
            Please Read more about H1B transfer.... thanks..

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