H1b complicated issue

[sai32]

I am in India on vacation,
My H1b Visa is under query since 3 months,
During query I got layedoff and my employer canceled H1.
If any case I got my H1b Visa stamped. Can I use
That Visa to enter USA with my new H1b approved petition.

Thanks in advance.
Sai.

[Ronald]

Yes you can show the POE office your new H-1B approved petition and enter into US. You will be received new I-94 on that time.

[sai32]

I am in India on vacation,
My H1b Visa is under query since 3 months,
During query I got layedoff and my employer canceled H1.
In this case, Is there any chance that my H1 Visa will be issued?

Thanks in advance.

[Veena_swsh]

Hi,
If your H1B petition itself has been cancelled by the employer, then there is a heavy risk involved if you travel on that petition's stamping. The immigration officers at the port of entry might have a track of it and you will be in deep trouble if they find out, you can be deported. It happened to someone I know.
And for all you know, if the petition has been cancelled, the stamping consulate would have also been notified, your stamping itself will not be successful. I would suggest you not to take the risk and hamper all chances of any US visa in the future.

[sai32]

Can you please suggest me what should i do in my situation.

Thanks in advance.

[poragoru]

Can you please suggest me what should i do in my situation.

See Sai,
Veena wrote atleast five lines to explain the matter and showed all the risks involved. Now you are again throwing just one line and expecting answers. Nobody is going to read your mind or head. If you are looking for help/answer you need to describe your situation clearly and provide some information.

How long are you vacationing outside USA? Is it one week? Or is it one year?
When were you laid off? When did your employer cancel your H1? Since when your H1 is pending (or when approved)? Do you have old H1 visa stamp on your passport? Did it expire?

Nobody is mind-reader here.

[sai32]

according to Veena sir "if the petition has been cancelled,
the stamping consulate would have also been notified,
your stamping itself will not be successful.
I would suggest you not to take the risk and hamper all chances of any US visa in the future."

My Question to this is
SInce i already applied for the H-1b Visa stamping, Can i do
any thing now?

Thanks in advance.

[sai32]

Hi All,
according to Veena above "if the petition has been cancelled,
the stamping consulate would have also been notified,
your stamping itself will not be successful.
I would suggest you not to take the risk and hamper all chances of any US visa in the future."

My Question to this is
SInce i already applied for the H-1b Visa stamping, Can i do
any thing now to make my stamping not to be successful atleast?

Thanks in advance all.

[poragoru]

You don't need to make it unsuccessful. If you are granted visa (which is unlikely), just don't use that visa stamp to travel USA. If you don't use it, then there is no problem.

[sai32]

Dear poragoru,

Since we know whether i get stamped or not its not usefull.
and if didnt got stamped, There will be a remark on my passport.
Can i stop this happening.

Thanks in advance,
Sai.

[Veena_swsh]

Hi Sai,
If your H1B petition has been cancelled, do not risk it by going to the consulate anticipating a stamping. Just cancel the appointment. If you get another employment opportunity in the US, then carry relevant details of why this stamping did not go through.

[sai32]

Hi Veena,
My H1B petition has been cancelled after i went to the consulate anticipating a stamping, This happened 3 months back.
My question now is what can i do now
whether if i get stamped or not its not usefull.
and if i didnt got stamped, There will be a remark on my passport.
Can i stop this happening?.

Thanks,
Sai.

[Veena_swsh]

Hi Sai,
Just forget going back to the consulate for this stamping. If you happen to go for another Co's stamping in future, carry proof why this one did not work.

[dilip2005]

Hi,

I just want to know, as my current employer is filled my H1 and soon I’ll get the stamping done. After getting stamped if other company filled my H1 in the same period or next year, is that any possibility that my current employer will get to know about my another H1 process?

Or if I am having valid H1 from my current employer and I’ll process my another h1 from some other organization, is that any possibility that my current employer will get to know my h1 process?

[yuvayuva]

OK, here is what you can do. If you have a H1 stamp from company X but not working there anymore, you still can use that stamp to enter US if you have H1 documents from Company Y. At the port of entry just show the papers of company Y.


I don't think that when a person has 2 H1s the companies get notified of this. BCIS has too much to do instead of monitoring such issues!! ;-)