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  1. #1
    Join Date
    Nov 2010
    Posts
    4

    Default H1b Stamp Validity

    Hello

    Here is my situation, I am currently in India

    I went for F1 visa interview on June 1st, got it approved and stamped. I also had a valid H1B stamp in passport (no valid H1B petition to go with it though, already withdrawn by US employer). I noticed that H1B stamp had not been "cancelled without prejudice" in my passport.

    Now I have found an employer willing to file H1B petition in this years quota, here are my queries

    1) Is my H1B visa stamp still valid for entry into US (I mean will it show up in the DHS system as valid at POE, given I have had F1 stamping recently).

    2) Is it ok for employer to file H1B petition in next 1-2 weeks via consular processing in my case, given I recently had F1 stamping (Does 30-60 day rule apply in my case, since I don't plan to enter US on F1 status if H1B can be filed in my case).


    Thanks in advance !

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H1b Stamp Validity

    Once a H1B has been revoked by an employer, you cannot enter on that I-797. You would need a new I-797 to be issued in association with the application from your new employer. Your H1B is only valid as long as the I-797 is valid and the job offer exists. Your F1 visa approval and stamping also raise issues for any prior status under the last action rule.

    In terms of the 30-60 day rule, are you asking about an attempt to change your status immediately after entering on the F1? If you enter on a student visa and claim that you are enrolling in a course of study, but immediately abandon that plan and seek a H1 visa, that does suggest bad faith. Have you actually been admitted to a college? Do you intend to pay tuition and attend classes?

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