Entry at POA but is H1 cancelled ?

C

catchupvijay

New Member
Hello,

I came to US in April 05 on an H1 from company A. Later I got the H1 transfered to company B in May05 and worked with them till May 06. Company B gave me new approval notice but the new H1 is not yet stamped on my passport.

Now, I am in India and wish to travel back and work for company A whose H1 & H4 are valid till July 07. Company B tells me that they have informed the INS that I dont work for them any more since May 06, and my H1 is going to be cancelled.

So my question is, will there be any problem If I travel back with my wife (H4) back to US on company A's H1 and their approval notice. (Valid July 07). Company A has not cancelled the H1 and want me to join them back.

Regards,
Vijay
 
catchupvijay said:
Hello,

I came to US in April 05 on an H1 from company A. Later I got the H1 transfered to company B in May05 and worked with them till May 06. Company B gave me new approval notice but the new H1 is not yet stamped on my passport.

Now, I am in India and wish to travel back and work for company A whose H1 & H4 are valid till July 07. Company B tells me that they have informed the INS that I dont work for them any more since May 06, and my H1 is going to be cancelled.

So my question is, will there be any problem If I travel back with my wife (H4) back to US on company A's H1 and their approval notice. (Valid July 07). Company A has not cancelled the H1 and want me to join them back.

Regards,
Vijay
Click to expand...

I dont think so. As far as I know your old H1 is invalid once the transfer is done..
 
catchupvijay said:
Hello,

I came to US in April 05 on an H1 from company A.
Later I got the H1 transfered to company B in May05 and worked with them till May 06.
Company B gave me new approval notice but the new H1 is not yet stamped on my passport.

Now, I am in India and wish to travel back and work for company A whose H1 & H4 are valid till July 07.
---------- did you talked to company A if they have job for you, did you talk to company A if they have not cancelled your H1 by writing to USCIS

Company B tells me that they have informed the INS that I dont work for them any more since May 06, and my H1 is going to be cancelled.
------------ it simply means that comany B wrote to USCIS to cancell the H1 petition filed for you. the visa stamp is cancelled by US consulate, US embassy , Visa stamping is under DOS and petition Approval, denial, cancellation is under USCIS.
So my question is, will there be any problem If I travel back with my wife (H4) back to US on company A's H1 and their approval notice. (Valid July 07). Company A has not cancelled the H1 and want me to join them back.
------------- if you have valid Visa stamp through A and A gave you job offer letter I dont see problems, nothing wrong in talking to company A lawyer.
Regards,
Vijay
Click to expand...
 

ginnu,

I was having kind of similar issue. Here is the story:
I came to US on company A with H1 visa stamp. Later, I transfered my H1 visa to company B and joined them but I never stamped company B visa nor I ever left US while I was on company B's payroll. Then I got laid off by company B and joined company A again on old I-797 approval and on old H1 visa stamp as it was not expired and never cancelled by company A nor any government agency ever cancelled it. Right now, I am with company C.

Do you think joining company A again with un-expired visa is valid?

Do you think any issue on my GC processing?

Thanks,
 
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