H-1B validity

N

nannadanam

New Member
Hi folks,

I have H-1B visa stamping from one company. After coming to US, I have shifted to another H-1B from my current employer. I have the original stamping from my old company until October of this year. I am not sure whether my old employer has cancelled my H-1B visa. Is it okay for me to travel to India in July and come back using the old stamping or should I go for new stamping with my new H-1B visa ?

My current employer told me that its okay to go and come back on the old stamping as long as the dates are valid. Is this true ?

I need to decide quickly to go visit my family urgently.

Thank you,
Raj
 
you can come using old company visa stamp and new company approval. Make sure that you get I94 based on the new approval when you enter.
 
In a hypothetical example of lets say "nannadanam" if his H1 visa has been revoked/cancelled by his old employer then

1) Can he still use old visa stamp ( of cancelled H1) to enter USA?
2) How can he found in advace if it has been cancelled.


For 2) I used the link...

https://egov.immigration.gov/graphics/cris/jsps/caseStat.jsp
to find out my status. It said "

******************************************
Receipt Number: EAC012785****

Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

Current Status:

This case has been approved. On November 27, 2001, an approval notice was mailed. If 14 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please speak to an Immigration Information Officer during business hours.
--------------------------------------------------------------------------------
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision or advice from the BCIS within the projected processing time frame*, please contact the National Customer Service Center.
National Customer Service Center (800) 375-5283
***********************************************

Is there any other way to find if H1 has not been cancellled?
As it does not say weather the H1 is still valid or not. Or shall I assume that this H1 has not been cancelled?


Thanks
 
Last edited by a moderator:
1. Should use the new visa or show the receipt notice
2. No way to find about cancellation.
 
1) Can he still use old visa stamp (of cancelled H1) to enter USA?
--- He has new H1 approval, he can enter with the old Visa stamp even if the past company revoked H1B status, they can only Request to revoke H1B not the Visa sticker in passport and BCIS does not stamp Visa sticker
2) How can he found in advance if it has been cancelled.
--Go to BCIS online if that has been cancelled you will find the info that it is has been Revoked on XYZ date.
--BCIS update online if company revokes H1B petition, but they take 3-4 months to revoke it as it is not priority for BCIS, same with I-140 if employer sends letter to revoke I-140 BCIS takes time to revoke itand BCIS update online that I-140 was revoked on XYZ date.

Before leaving US you should consult your new company lawyer because laws are changing everyday.
Or he can get new H1 Visa sticker stamped in PP based on new H1 approval and then enter, no need to take unnecessary tension.
 
BCIS did NOT issue the visa stamp and therefore has absolutely no authority to cancel it. The Department of State issued the stamp and unless they cancel it, it's valid.
 
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