For canus_immi
“if H1-B petition is cancelled , your visa will be automatically becomes invalid. Because Visa number will linked to your EAC#(petition)”
Your above statement is not true, you are misleading many on this H1b petition and valid visa matter
READ:
http://travel.state.gov/revals.html
If your existing visa is still valid, it will not be considered for re-issuance until the remaining validity is within sixty days of expiring. Please note that you do not require a new visa merely because you have changed employers and received a new I-797 petition from the Immigration and Naturalization Service (INS). If your current visa is still valid, you may reenter the US with that visa as long as you are in possession of a valid I-797, even though the visa contains the information from your former employer.
"canus_immi" is wrong, and what you read on the
Department of State Web site is correct.
The legal theory behind it is that the H-1B visa is not a petition and
is actually NOT linked to the EAC number (contrary to what "canus_immi"
said). It does list past employer company name strictly for information purposes as an
annotation, but past employer name is not part of what actually makes up the visa.
H1B Visa petition is different than H1b VISA sticker in your passport.
1 I was working with company A and had my H1B approval notice from A and my passport has still valid H1B visa on my passport with company B name on my passport visa sticker
2 I changed to company B and got my new H1B approval( no Visa with company B name in my passport it still has Visa sticker in my passport with company A name on it
3 My H1B petition was revoked or cancelled by company A and If I check through AVM or online INS it says company A petition was revoked in September 2002
4 I went to India in November 2002 and came back showing the passport Visa of Company A in December on it and I showed my new H1B approval from company B and I was given I-94 till the validity of company B approval.
On 6th February 2003 I took a flight for Toronto from Newark NJ airport and did not submitted my I-94 as they don’t ask for it
I came back today from Toronto and I had to face INS at Toronto airport before boarding a flight for NJ, they looked at my Passport, my company B H1b approval notice and not asked for recent pay stubs or employer letter (I had both with me)
I came back with same I-94 and with H1B visa sticker from my old company (who has revoked my H1B)
Moral of the story is:
Passport Visa sticker is different and H1B approval is different
The info posed on
http://travel.state.gov/revals.html is correct and one can reenter US if you have valid H1B approved petition from other employer but have Visa sticker from other company name on it( even if that company revoked your past H1B) and Visa sticker is NOT cancelled if your H1B is revoked by past employer
Having Valid Visa sticker and H1B approval are both different, if your H1B petition is cancelled or revoked your Visa sticker with that company name is not cancelled and you can travel on that visa showing your new H1b approval notice but if you do not have new H1b approval then one can not use the passport Visa to enter US becase one does not have that status granted to him/her by new H1b petition
If you have confusion read the above site and stop scaring others with your OPENION you are not working for INS( INS also seems confused these days becase every day new rules) if confusion let them ask the competent immigration lawyer (many lawyer are just good for filing up the forms and don’t have updates)
If you are confident of your opinions then you should provide a link to any INS or Lawyer site that support your claims that will help the others.
you have posted many times the same matter and I do not agree with you because I have the practical experience recently.
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And for others info:
I have my AOS pending in USA and have Canada PR; I was not asked any question for H1B or AOS pending in US by Canada immigration at Toronto airport they just looked at my Landing permit.
While coming back to US the INS asked the same regular question” what you do in US, have you bought any thing. I had AP with me I used H1B visa in passport and new H1B approval notice and never shown AP to them because my H1B is still VALID and I maintain H1B status having EAD and AP but never used EAD or AP .
For the use of AP or H1B when you have both and maintain H1 status after AOS pending or used AP still you can maintain H1
Read the complete MEMO
www.immigrationlinks.com/news/news301.htm
http//:
www.shusterman.com/hlmemo500.htlm
Regards to all