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Can a H1b Visa be Canceled After Stamping

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  • 05-05-2016, 11:28 PM
    sathishkumarbackiam
    Can a H1b Visa be Canceled After Stamping
    Hi Team,

    Please help me by clarifying the below questions:
    1) Is H1B visa / petition can be cancelled after stamping by the current employer
    2) Even if got cancelled, can my new employer transfer or apply for new petition using the existing petition without cap exemption (using the existing quota)

    Thank You!
    Sathish
  • 05-06-2016, 05:11 AM
    flyingron
    Re: Can a H1b Visa be Canceled After Stamping
    If you cease to work for the first employer (either you quit or they fire you), the visa is cancelled.
    There's no such thing as an H1B "transfer", but the new employer can apply for a new H1B visa. The good news is that you don't have to requalify for the cap the second time around.
  • 05-06-2016, 06:08 AM
    sathishkumarbackiam
    Re: Can a H1b Visa be Canceled After Stamping
    My current employer is threatening me that they will cancel the H1B (writing to consulate to cancel it), so that it cannot be used by other companies. Please confirm on this. Even if it is cancelled by consulate, whether my new employer can file petition using the existing one without the cap exempt (using the existing quota)
  • 05-06-2016, 06:53 AM
    Mr. Knowitall
    Re: Can a H1b Visa be Canceled After Stamping
    When people speak of a H1B transfer, they are speaking of the rule that allows you to start working for a new employer after their petition is received by the USCIS, as opposed to having to wait for its approval as would be the case if you were outside of the United States. In either context, each employer files its own, independent petition. If you have been counted against the cap, your current employer's cancellation of your visa won't change that fact for your next employer's application.

    If your current employer 'cancels' your H1B visa -- another misnomer, as all they can actually do is file a written withdrawal of their petition, with the rest being up to the USCIS -- and your visa is canceled by the USCIS, you will be expected to return home. You cannot "transfer" after that point, as you will no longer be in H1b status. You also go out of status if you are fired.

    If the actual concern here is that, if you give notice to work for a new employer, your current employer might request the withdrawal of its petition to try to prevent the transfer, you can consider the possibility of premium processing. There's a significant fee, but the typical processing time for a transfer is cut to fifteen days. That would normally allow your employer to get an answer on its petition, followed by your giving two weeks notice to your employer (at which time it's too late for your employer to harm your transfer) within the space of about a month.
  • 05-06-2016, 07:13 AM
    sathishkumarbackiam
    Re: Can a H1b Visa be Canceled After Stamping
    Thanks for the reply...
    am little confused....
    If my current employer written withdrawal of their petition and USCIS has cancelled the visa. So please confirm whether my new employer can file new petition using the existing one without the cap exempt (using the existing quota).
    (In both the case I am in India). Also please let me know the fees involved for cancelling the petition and visa.
  • 05-06-2016, 10:47 AM
    T53147
    Re: Can a H1b Visa be Canceled After Stamping
    Reread Mr. K's answer.

    The fees are paid by the employer so why do you care? He is required to notify USCIS when you are no longer employed by him.

    He cannot cancel your "visa stamping" (Since you ar in India, you would need this to enter US); the USCIS can revoke the visa but that is not normally the case when you leave an employer. Why do you think your "visa stamping" is no longer valid?

    When the employer cancels his petition for you, the approval documents for that employer are no longer valid. To enter the US you need both a valid visa and an approval notice for the job that you will be going to. Never try to use the documents for a former employer to enter.

    You really need to understand the information on the USCIS website about your rights and responsibilities as an H-1B employee.
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