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How do I verify if the H1B filed(and approved) through my previous employer is revoked/cancelled?
Anonymous2 views3 answers
My previous employer(Company A) in the US had filed for H1B PP in April 2013. I was meanwhile working on L2(which was valid till Jan 2014). The H1B was approved. But due to a personal emergency, I had to quit the company in July 2013 itself and returned to India in Oct 2013.
The current status of the petition still shows that it is in the approved state.
1. Does this mean that Company A has still not cancelled/revoked my visa?
2. Now if my current employer(Company B) wants to file a fresh petition during April 2014, will my previous uncancelled visa from Company A affect the current application in any way?
3. Do I have to inform Company B of my previously approved petition?
1. No. The information on USCIS's website is not always up to date.
2. The uncancelled petition should not have any negative impact t on the current petition unless there is fraud or misrepresentation.
3. Yes. It is important that the company's attorney know your immigration history.
The online case status may or may not show revocation of an H1B petition. Whether Co. A has revoked or not after it was approved will not affect Co. B filing an H1B petition for you as you will not be subject to the visa cap..
You should notify Co. B of Co. A's filing both because Co. B requires this information to accurately file its H1B petition as well as to avoid the H1B petition being subject to the visa cap. For case specific advice please consult with an immigration attorney. Contact info is in or at www.ailalawyer.com
