H1 B - Approved but not going back

[viki_sss]

Hi

I had appeared for my H1 interview in Jan. I received a Form 221 G from the consulate. Then I decided I am not going back to the USA.
But my employer was kind enough not to revoke my application. Now after 4 months I received a email from them to submit my passport.

My question is if I take the visa on my passport and dont go to the USA; will it hamper my chances of visiting USA in the future even on a B1/B2 visa?

Or should I just go and get a stamp and return in 15 days so that it would show I have used my visa.

Thanks

[kabkaba]

Hi

I had appeared for my H1 interview in Jan. I received a Form 221 G from the consulate. Then I decided I am not going back to the USA.
But my employer was kind enough not to revoke my application. Now after 4 months I received a email from them to submit my passport.

There is nothing kind about it. It does not really matter.

My question is if I take the visa on my passport and dont go to the USA; will it hamper my chances of visiting USA in the future even on a B1/B2 visa?

No, it will not matter. It is better to get the Visa.

Or should I just go and get a stamp and return in 15 days so that it would show I have used my visa.

Don't do that. If you travel with H1 Visa, you have to work for the sponsoring employer. You cannot just travel.

Thanks

See above.

Irrespective of the above, you remain cap counted. Any employer can file a cap-exempt petition for you at any time.

[viki_sss]

So but wont my H1 B get revoked since my pay roll is not running & no SS taxes are being paid.
What if I want to travel after a year on a H1 of a new employer.? Do I need a new visa?

[kabkaba]

You don't need to maintain status when you are not present in the US.

If you want to work in the US in future, your new employer will have to file a cap-exempt petition for you first (or if you are going to work for the same employer who filed your current petition, they can make use of the current petition if it has not expired at that time).

Visa in your passport is a different matter than petition. It is an entry document. It only needs to be valid on the day you travel to US.
You must also have a valid petition along with the Visa (from any employer) in order to travel and work for that petitioning employer.