H1 cancellation and H4 stamping

D

durga2880

Registered Users (C)
Hi,

I got my H1B stamped in Feb'08 and went to US in Apr'08 along with my husband who is also on H1B. My H1B validation is till Oct'10. But I was not placed by my employer till Aug'08 and I came back to India in Sep'08. Now my employer is saying that my H1B has been cancelled. I need some proof to know that it has been cancelled. When I check USCIS site reg. my status, it is showing as 'case pending'.

If my H1 has been cancelled, will the employer receive any cancellation form? If so what is that form called as?

Now as my husband is in US, I want to join him.

If I go for dependent stamping in India, will there be any queries reg. my H1B during stamping?

Even if my H1 is valid, can I get my H4 stamping done?

If it has been cancelled, and I got my H4 stamped and went to US, can I convert the cancelled H1B to other employer ( I dont have any paystubs)? If so, will it be activated? Or can I convert my H4 to H1B again after going to US?

Thanks in advance and expecting an early reply as this is very urgent for me.
Durga.
 
Last edited by a moderator:
You can re-enter on H4 and find a new employer and then do change of status using a new petition.
 
durga2880 said:
Hi,

I got my H1B stamped in Feb'08 and went to US in Apr'08 along with my husband who is also on H1B. My H1B validation is till Oct'10. But I was not placed by my employer till Aug'08 and I came back to India in Sep'08.
Now my employer is saying that my H1B has been cancelled.
-------------------it means employer revoked your H1 petition by writing to USCIS.
I need some proof to know that it has been cancelled.
-----------------Why you need proof? It is employer who file the H1 and can revoke H1.
When I check USCIS site reg. my status, it is showing as 'case pending'.
------------------Online status may be wrong or USCIS have not updated.
If my H1 has been cancelled, will the employer receive any cancellation form?
------------------NO
If so what is that form called as?
------------
Now as my husband is in US, I want to join him.

If I go for dependent stamping in India, will there be any queries reg. my H1B during stamping?
------------------US consulate can ask inform them employer did not have job for you. They may ask the address and comany name of employer.
Even if my H1 is valid, can I get my H4 stamping done?
-----------------------You can get H4 Visa based on your Spouse H1 validity. At this time US consulate ask lot of documents from H1 holder company to make sure that H1 holder is on H1 status and getting paid .

If it has been cancelled, and I got my H4 stamped and went to US, can I convert the cancelled H1B to other employer ( I dont have any paystubs)? If so, will it be activated? Or can I convert my H4 to H1B again after going to US?
------------------once you enter US with H4 stamp and find US employer ready to file H1 for you then in US your employer can file H4 to H1 change of status and if COS is approved you can work on H1 status.If COS not approved
you will be on H4 status till your I-94 validity that you get when you enter US.
Thanks in advance and expecting an early reply as this is very urgent for me.
Durga.
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ginnu said:
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I need some proof to know that it has been cancelled.
-----------------Why you need proof? It is employer who file the H1 and can revoke H1.
If H1 is still valid, I can go to US on H1 without going for H4 stamping. For this reason, I want to know whether it has been cancelled.

So if this is not valid, do I need to apply for a fresh H1?
Is there any chance for converting the current H1 (either valid/invalid) to other employer?

Thanks for the replies that you gave for other queries.
 
Understand that there are three different things H1 petition, H1 Visa and H1 status. They are processed in that order (usually). If your H1 petition has been canceled (revoked), your employer must have done that. H1 visa has no meaning without an approved petition, do not try to enter on a revoked petition even if your visa is not canceled in your passport.
Be truthful about your H1 employment to the visa officer and there should be no problems with your H4. Tell them that you do not intend to work while on H4.
If you find work while on H4, you need not go through the lottery again but petition and change of status will need to be approved.
 
durga2880 said:
I need some proof to know that it has been cancelled.
-----------------Why you need proof? It is employer who file the H1 and can revoke H1.
If H1 is still valid, I can go to US on H1 without going for H4 stamping.
-----------------Employer has told you that your H1B has been cancelled.You cant enter US with H1 Visa stamp.

For this reason, I want to know whether it has been cancelled.
------------------ US employer has told you that your H1B has been cancelled.
So if this is not valid, do I need to apply for a fresh H1?
---------------------YES, if you find US employer and your H1 gets approved.
.
Click to expand...

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My employer says that H1 has been cancelled orally and I dont have any proof also. So am unable to believe this.
Say if my H1 petition has been revoked by the employer. And if I go for H4 stamping, will my H1 visa gets cancelled?
After going to US on H4, without filing for new H1 (lottery system), can this canclled/revoked H1B can be changed by some other employer? Is it possible?
 
durga2880 said:
My employer says that H1 has been cancelled orally and I dont have any proof also.
-----------------------Employer has told you and he dont need to give you proof .
So am unable to believe this.
----------------You should believe the employer. If I am employer and I don’t have Job for XYZ I will write to USCIS to cancel the H1 petition of XYZ.

Say if my H1 petition has been revoked by the employer. And if I go for H4 stamping, will my H1 visa gets cancelled?
----------------------YES
After going to US on H4, without filing for new H1 (lottery system), can this canclled/revoked H1B can be changed by some other employer?
--------------- Other Employer cant Change the H1 VISA stamp. if you enter US on H4 status then new employer can file H4 to H1 Change of status with USCIS and you can work on H1 if your H1 petition filed by new employer gets approved.
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Rt.now am in India. As my H1 petition got revoked and my visa is still valid, can another employer can reopen/change the petition for the same visa? Is it possible?
Am asking this to know whether is there any least chance for me to make my H1 valid and travel on H1. This is very urgent for me.
Thanks in advance.
 
Do not travel on H1 even if you petition is not revoked. Because if you travel on H1 and your employer does not pay you, then you are out of status.

AFAIK you do not need to go through the lottery again, new employer can file a new petition for you if you are in India or if you travel on H4 then the new employer can file a new petition with change of status.
 
durga2880 said:
Rt.now am in India. As my H1 petition got revoked and my visa is still valid, can another employer can reopen/change the petition for the same visa? Is it possible?
-----------------new employer has to file new H1 petition for you with USCIS.
Am asking this to know whether is there any least chance for me to make my H1 valid and travel on H1.
------------------- your current visa stamp is based on H1 petition of employer that is revoked. dont enter US with that visa stamp as you dont have job with the employer and your petition is revoked.
This is very urgent for me.
Thanks in advance.
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kabkaba said:
Do not travel on H1 even if you petition is not revoked. Because if you travel on H1 and your employer does not pay you, then you are out of status.

AFAIK you do not need to go through the lottery again, new employer can file a new petition for you if you are in India or if you travel on H4 then the new employer can file a new petition with change of status.
Click to expand...

Thanks for the prompt reply.

But if I go for H4 stamping, my H1 visa gets cancelled. Another employer who files new petition with change of status, cannot change the visa state.
Is it possible to reopen this cancelled H1 without going thru lottery system, if I go on H4? (This is the only thng that am really worried about.)

How much time it might take for the new employer to file new petition and gets approved (from India)?
 
ginnu said:
--------------------
Click to expand...

Thanks for the prompt reply.

New employer filing a new petition for H1 means is it again gng thru lottery system? If so, thn do I have to wait till April/May'09?

I am clear that my H1 visa gets cancelled, if I go for H4 stamping and also I shld not travel on the H1 for which the petition has been revoked.

Am really worried whether I have to go thru the lottery again, if I want to work, after going on H4.
 
durga2880 said:
Thanks for the prompt reply.

New employer filing a new petition for H1 means is it again gng thru lottery system?
----------------------- If new employer files H1 for you then your case is not going through lottery.

If so, thn do I have to wait till April/May'09?

I am clear that my H1 visa gets cancelled, if I go for H4 stamping and also I shld not travel on the H1 for which the petition has been revoked.

Am really worried whether I have to go thru the lottery again, if I want to work, after going on H4.
---------------------if your spouse is on H1 status then get H4 visa stamp and come to US on H4 visa status. once reach US and if you find employer who can file H1 for you then new employer can file H4 to H1 Change of status and you can start working after COS gets approved.
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durga2880 said:
Thanks for the prompt reply.

But if I go for H4 stamping, my H1 visa gets cancelled.
-------------------yes
Another employer who files new petition with change of status, cannot change the visa state.
---------------------?????
Is it possible to reopen this cancelled H1 without going thru lottery system, if I go on H4? (This is the only thng that am really worried about.)
-------------------------NOT possible to reopen cancelled H1. why it should be reopened? On what basis?? Employer who filed H1 has revoked H1 petition.

How much time it might take for the new employer to file new petition and gets approved (from India)?
----------------ask this question to Lawyer of new Employer or new employer.
Click to expand...
-----------------
 
durga2880 said:
Thanks for the prompt reply.

But if I go for H4 stamping, my H1 visa gets cancelled. Another employer who files new petition with change of status, cannot change the visa state.
Is it possible to reopen this cancelled H1 without going thru lottery system, if I go on H4? (This is the only thng that am really worried about.)

How much time it might take for the new employer to file new petition and gets approved (from India)?
Click to expand...

According to you your petition has been revoked already, so you cannot enter on H1 anyway.
For working on H1 you do not need visa, you need approved petition and H1 status. So even if your visa gets cancelled, you can change your status to H1 from within US and work. You do not need to go through the lottery again.
 
Hi,

right now am on H4 status and staying is US. My H1 visa was cancelled.
Now if an employer is ready to change the status to H1, do I need the paystubs? If so, I dont have those.
For change of status, are the paystubs mandatory?
 
kabkaba said:
According to you your petition has been revoked already, so you cannot enter on H1 anyway.
For working on H1 you do not need visa, you need approved petition and H1 status. So even if your visa gets cancelled, you can change your status to H1 from within US and work. You do not need to go through the lottery again.
Click to expand...

Hi,

right now am on H4 status and staying is US. My H1 visa was cancelled.
Now if an employer is ready to change the status to H1, do I need the paystubs? If so, I dont have those.
For change of status, are the paystubs mandatory?
 
durga2880 said:
Hi,

right now am on H4 status and staying is US. My H1 visa was cancelled.
Now if an employer is ready to change the status to H1, do I need the paystubs? If so, I dont have those.
For change of status, are the paystubs mandatory?
Click to expand...

Can you please provide me an answer.
Thanks in advance.
 
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