First time travel on Old companies Visa stamp with new petition

[get2ps.29@gmail.com]

I got H1b approved from Company A, got stamped with them in Delhi. I have not traveled to US yet. I got another petitioner which is offering a permanent job and they filed my H1b Quota Exemption which got approved. Company A has told me that they have revoked my Visa alothough the stamp is still there on my passport. Now its time to travel.

1) Please suggest should I go for fresh stamping or old stamping will work?

2) If No, Is there any risk that at POE if the officer see that Visa in my Passport is no longer valid then there will be a problem.

3) I need to get my wife and daughter's H4 stamped also. So, will they face any complication at embassy with mismatch Visa/ H1-B petition.



Thanks

PS

[krishmunn]

You can travel with old H1 and new Approved Petition (from new company). You will also need to carry a letter stating you have a job with them from the new company.

Your wife and child's H4 is a bit tricky.

to apply for H4, they need to carry your original 797 and copy of your passport and visa. Depending on VO, he/she might create a problem (though legally he should not).

If they are not travelling with you, you should travel alone and then ask them to go for stamping (with copy of your I-94)

[pappu]

The earlier reply seems incorrect. If visa is revoked, the records will indicate that you do not have a valid visa. One can have a 3 year H1B stamp on a passport and have his H1B revoked on the first day of job. That does not mean he can travel unlimited times outside USA without problem. If were true, then this is a big loophole in the system that could allow people to stay illegally without H1B visa.

[krishmunn]

Originally Posted by pappu

The earlier reply seems incorrect. If visa is revoked, the records will indicate that you do not have a valid visa. One can have a 3 year H1B stamp on a passport and have his H1B revoked on the first day of job. That does not mean he can travel unlimited times outside USA without problem. If were true, then this is a big loophole in the system that could allow people to stay illegally without H1B visa.

The visa cannot be revoked by the employer, only the petition can be revoked. The visa can only be cancelled by VO or PoE officer OR in some cases (like B1 overstay) automatically.

To travel to US , one need a valid Petition in addition to a vaild Visa. Both need to be presented at PoE. So, if the Petition is revoked and you do not have a new petition, there is no way you can travel to US.

Based on what I have read in different attorney blogs , I am pretty sure OP can travel with the old visa and a new approved petition.

[sunny1000]

Originally Posted by krishmunn

The visa cannot be revoked by the employer, only the petition can be revoked. The visa can only be cancelled by VO or PoE officer OR in some cases (like B1 overstay) automatically.

To travel to US , one need a valid Petition in addition to a vaild Visa. Both need to be presented at PoE. So, if the Petition is revoked and you do not have a new petition, there is no way you can travel to US.

Based on what I have read in different attorney blogs , I am pretty sure OP can travel with the old visa and a new approved petition.

This is correct. But, since the Beneficiary is still in India, he should go for a fresh stamp just to be safe.