When do they Cancel Existing H1B Visa????

I

itsdiwa

Registered Users (C)
Hi,

I have entered US in Feb 2007 with employer A.

I have a valid H1B visa stamped in my passport for employer A till May 2009.

Now I have changed my employer and currently with employer B & have a new I797B valid till Aug 2010.

But during my H1B Transfer from employer A to B, I did not get a new extended I-94.

Now that I still have around 6 months of valid visa in my passport, I am planning to get the new visa stamped in my passport
for Employer B.

My question is when I go to stamping at consulate, when do they cancel my existing visa in passport?

Is it after they issue me new visa for employer B? OR before I go the Interview Officer to get my new Visa ?

If they cancel my existing Visa before they issue me new visa, I can not come back to US, even though I have a valid visa till May 2009.

Also Can I go to Third country(Mexico/Canada) to get my new visa stamped, as I did not get my extented I-94 while my H1B Transfer?

Please let me know, as I am very much confused?

Thanks
itsdiwa.
 
Once you have H1B visa stamped from Company A you do not need to go back to your home country to get visa stamp from company B you can get it from Mexico or canada.

By law you can have more then one valid H1B visa. when you go for visa stamping there is no gautrntee that you will get visa stamped. Getting visa depends on your documents and person who is interviewing.

You can ask your lawyer to get new I-94 on bases of your new H1B if you do not want to for visa stamping.

I am positive if you go for visa stamping they will first cancel your first H1b and consider you for second H1B application.
_____________________________

I am not a lawyer for right advise please contact one.


If you have H1B approval from company B means you have valid status. if your
 
itsdiwa said:
Hi,

I have entered US in Feb 2007 with employer A.

I have a valid H1B visa stamped in my passport for employer A till May 2009.

Now I have changed my employer and currently with employer B & have a new I797B valid till Aug 2010.

But during my H1B Transfer from employer A to B, I did not get a new extended I-94.

Now that I still have around 6 months of valid visa in my passport, I am planning to get the new visa stamped in my passport
for Employer B.

My question is when I go to stamping at consulate, when do they cancel my existing visa in passport?

Is it after they issue me new visa for employer B? OR before I go the Interview Officer to get my new Visa ?

If they cancel my existing Visa before they issue me new visa, I can not come back to US, even though I have a valid visa till May 2009.

Also Can I go to Third country(Mexico/Canada) to get my new visa stamped, as I did not get my extented I-94 while my H1B Transfer?

Please let me know, as I am very much confused?

Thanks
itsdiwa.
Click to expand...
"But during my H1B Transfer from employer A to B, I did not get a new extended I-94." Talk to company B lawyer. You were supposed to get I-94 attached with your H1 transfer approval notice(lower right side and it has same color as approval notice).
 
Hi Ginnu,

Thanks for your suggestion. My extn of stay was denied during my H1 Transfer, so I did not get new I-94 attached to it.

I have heard that if you do not get I-94 attached to i797 then you are not eligible for H1b extn stamping in a third country?

Is this true? Please let me know.

Thanks
itsdiws
 
itsdiwa said:
Hi Ginnu,

Thanks for your suggestion. My extn of stay was denied during my H1 Transfer, so I did not get new I-94 attached to it.

I have heard that if you do not get I-94 attached to i797 then you are not eligible for H1b extn stamping in a third country?

Is this true? Please let me know.

Thanks
itsdiws
Click to expand...

ask your lawyer why you did not get I-94 attached.Lawyer knows what he wrote on form I-129.
 
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