Visa Validity __ Extremely Urgent

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pankajkamble

New Member
Hello,

My previous Employer Filed and my H1b1 was stamped on my passport and it is valid till march 2004 . i have never travelled on this visa . as a result i do not have the stamp of h1b1 on my passport . there are other companies offering me job

01 can i reuse my old visa
how
does it require an approval from my previous employer


My Consultant keeps on telline me that the visa is only good for employement with the current employer .
but today i read on h1b1 faq the post of 15 sept which is a similar story and the response was yes u can reuse it
is it true in my case too
can i reuse my visa
 
Originally posted by pankajkamble
Hello,

My previous Employer Filed and my H1b1 was stamped on my passport and it is valid till march 2004 . i have never travelled on this visa . as a result i do not have the stamp of h1b1 on my passport ...
Click to expand...


You are contradicting yourself here.

In any case, the H1 visa, regardless of the employer's name on it, is valid until its expiration. If you hold a valid H1 approval from another employer you can continue to use the H1 visa in your passport to seek re-entry into US as long as the visa is valid. The visa, even though it has employer's name on it, is NOT employer specific.
 
hello ,

what i am trying to understand or what my confusion is that when i got the approval in may 2001 i got h1b1 sticker on my passport at the mumbai embassy . then because of recession s my employer said that he would not be able to get me oin board . so i have never travelled to usa so i dont have the h1b1 stamp which u shl;d be getting on entry in usa
i know h1b1 is non employer specific . but i have been asking a lot of people and they say that in such a scenario the visa can only be used for the employer who issued it. the reason these people give is that u have not travelled on this visa and thats the whole big issue u have not entered usa even once on this visa


is it true

or can i sittting in india get it transfered to anothetr employer
 
The sticker is what is called the h1b1 stamp. I94 is the entry record which also has the employer details.
Idelaly One should not enter USA on a visa that was granted by employer A to join employer B.
Although you dont need approval from the previous employer to change employers, if you try to enter USA using visa from A, and that visa was cancelled by employer A, you will be deported immediately. Read upm AC21, june 2001 memo or consult a lawyer.
 
Originally posted by jaxen
The sticker is what is called the h1b1 stamp. I94 is the entry record which also has the employer details.
Idelaly One should not enter USA on a visa that was granted by employer A to join employer B.
Although you dont need approval from the previous employer to change employers, if you try to enter USA using visa from A, and that visa was cancelled by employer A, you will be deported immediately. Read upm AC21, june 2001 memo or consult a lawyer.
Click to expand...

Only a consular official or immigration inspector can cancel a visa. An employer can only withdraw an approved H1 petition, that does not cancel the visa stamp.
 
when an employer withdraws the H1B petition, its as good as cancelled. As jaxen said, if you use an H1B that has been withdrawn by the employer you will be deported immediately and the visa will then be cancelled by the immigration official at the port of entry.
 
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