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-   -   Cancellation Of H1 (https://www.askmehelpdesk.com/showthread.php?t=326343)

  • Mar 8, 2009, 04:53 AM
    soumyaranjan
    Cancellation Of H1
    Hi,

    I hold a H1 Visa when I was in company X. I have already travelled on that visa to US and came back home. Now I want to change company from X to Y. Can my previous company cancel my H1? If yes then what are the steps that I need to take care so that my visa is not cancelled? I have not joined company Y as of now. And will not join it in the next 30 days as I am getting married.
  • Mar 8, 2009, 06:44 AM
    DCcityboy

    You are getting visa classification (I-94) and visa (MRV) confused.

    The current petitioning company can and should notify the USCIS if you are no longer working for that company as there are usually continuing obligations of an employer that they can limit by withdrawing the petition.

    The new petitioner should file immediately and you can work for them before you get the approval notice from USCIS under the H-1B portability regs.

    If you overlap and do not otherwise violate your NIV status, your visa is still valid, even if annotated with the previous H petitioner. When you travel, be sure to bring an updated employment letter and evidence that you are being paid by the second company.

    Keep the file copy of the first H-1B (you should have it from your visa application at AMCON).

    Congratulations on your engagement. If this was helpful, please rate this answer, good luck!

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