Definition of what is a 'valid' H1 visa

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clpost

Registered Users (C)
hello,
I have'nt found the definition of when a visa stamp in a passport is valid... here's the info I'd like to know. I was employed by company A and I have a H1 visa stamp in my passport till end of 2004. I changed my job and got my new petition in June 2003 for new employer B. I went to india, got married in july and applied for my wife's dependent visa and also wanted to get the new H1 for me for employer B.

We were asked to appear for an interview... As I could'nt wait 1 month I came back to US as my old visa stamp is till 2004 and had the new petition. I had no troubling coming to US but the catch is, when my wife went for H4 interview, we've been asked to provide a whole lot of documentation. I've sent all of them but my question is .... did i do the right thing by coming back with my old visa or will my wife's H4 have issues becos of that.

I appreciate any info on this. Essentially there are 2 issues. one is H4 for my wife and the second is whether I need to revalidate my visa. Both depend on whether my visa with employer A will be valid till the expiration date or is there anything else that determines that. I know that I can't revalidate while in US till 60 days before the visa stamp in my passport expires. So, can I continue to use that stamp to travel outside US ?

if you are here, thanks for reading through my complete post and offering to help!!
 
Your H visa continues to be valid until its expiration date if:

1. You have a current valid H status and employment based on that status. You should have documents to prove valid H status AND valid employment status.
2. You did not change status to another non immigrant category begore switching back to H1.
3. Your visa is not cancelled or revoked.
 
When you have a valid visa stamping on your passport ,You should show your new employers H1 while you are entering into US.
 
>Your H visa continues to be valid until its expiration date if:

>1. You have a current valid H status and employment based on >that status. You should have documents to prove valid H status >AND valid employment status.
>2. You did not change status to another non immigrant category >begore switching back to H1.
>3. Your visa is not cancelled or revoked.

hi,
thanks for listing the criteria... Is the visa considered cancelled/revoked if the employer cancels the H sponsorship? In my case if the visa expires Dec 2004 (this is the one with the old employer A) and the employer A intimated the INS in August 2003 they are cancelling H1 because i resigned, is the visa cancelled/revoked?
how will i know that? should I talk to my previous employer to make sure my visa is valid? If the company (employer A) shutdown operations then what happens?
I heard there is a fee that should be paid by employers to intimate cancellation to INS and that is the reason I heard many small companies don't care doing that...?
 
If your employer cancels your H petition, your visa stamp from old employer's h1 continues to be valid as long as you have a valid H status approval. The employer can only request revoking the H1 petition, not the visa itself. Only US consular officers and US immigration inspectors have the authority to cancel visas.
I hope this is helpful.
 
followup -

As a followup.... if I have a valid visa from an ex-employer and continue to maintain H1 status and employment is there a need to get a new visa with the current employer stamped on my passport? is it possible at all?

the reason I ask is I know St.Louis office does'nt issue a new visa unless the one in the passport expires within 60 days. Does the US consulate in India also use the same guideline? I don't want to go through the 'hassle' of visa stamping unless absolutely necessary!
 
Re: followup -

There is no reason to get a new visa unless it has expired/is expiring shortly. I think US consulates also follow similar (60 day)guidelines for issuing a new visa.
 
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