Hi,

I have H1B stamped in my passport. H1B visa is valid till August next year. I would like to cancel the H1B visa now as i am not intend to go to US for work.

my questions are :

1) what is procedure to cancel H1B visa...??
2) Is itpossible to have another H1B visa before or after the existing H1B visa expires..??
3) what questions they might ask me in the US consulate when i go for another H1B visa.

thanks for your time.

Best Regards,
Shravana Kumar.

shravanakumar wrote:

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I'm not sure; maybe you can go to the consular post and ask for it to be cancelled.
But why on earth would you want it cancelled? It can be used to enter the U.S. in
H-1B status, using the H-1B approval notice from any employer's petition, until its
expiration date.

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The consular post will generally accept an application for a new H-1B visa stamp when
the previous H-1B visa stamp has only 60 days' validity remaining.

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All the usual questions. You should get guidance from the immigration practitioner
who prepares the H-1B petition for your prospective employer.

H1B visa is not YOURS, is your employer's! So, they should cancel it! The stamp has nothing to do with your status! Even if you come here and work for the company A and after a few months they fire you...you'll be out of status...still the stamp will be in your passport, but good for nothing!

Yes, you can have more than 1 H1B visa. However, the second employer should apply for another visa for you.


If you are working for 3 employers in the same time, you'll need 3 H1B visas!

Corina

Corina <[email protected]>
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Folks,

So what is the final outcome of the discussion? How can anyone get the VISA stamping
cancelled? Is it the individuals responsibility to go to the consular office to get
the cancellation or the employers?

Appreciate the help. --Mangesh

Mangesh wrote:

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[usenetquote2]>>H1B visa is not YOURS, is your employer's! So, they should cancel it! The stamp has[/usenetquote2]
[usenetquote2]>>nothing to do with your status! Even if you come here and work for the company A[/usenetquote2]
[usenetquote2]>>and after a few months they fire you...you'll be out of status...still the stamp[/usenetquote2]
[usenetquote2]>>will be in your passport, but good for nothing![/usenetquote2]

[usenetquote2]>>Yes, you can have more than 1 H1B visa. However, the second employer should apply[/usenetquote2]
[usenetquote2]>>for another visa for you.[/usenetquote2]

[usenetquote2]>>If you are working for 3 employers in the same time, you'll need 3 H1B visas![/usenetquote2]

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Mangesh,

Maybe you read my comments already, I can't be sure. In two posts, I questioned the
rationale behind asking for the cancellation of an H-1B visa stamp in the first place
(as it remains perfectly valid for use with other employers' H-1B petitions), and
attempted to clarify the terms "visa" and "status" in this discussion. I don't see
any other comments besides mine and Corina's on my server or on
http://groups.google.com/.

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I don't know, I'm afraid - I would guess you could get the INS officer to cancel it
on entry to the USA, or go to a consulate.

I am intrigued to know why you want to get it cancelled, though!

"J. J. Farrell" <[email protected]>

[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > How can anyone get the VISA stamping cancelled? Is it the individuals[/usenetquote2]
[usenetquote2]> > responsibility to go to the consular office to get the cancellation or the[/usenetquote2]
[usenetquote2]> > employers?[/usenetquote2]
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Well, even though I have an H1 stamped from an American company (read company A)I
have not travelled on it. It has been 6 months since the stamping. My current
employer (read company B) says the existing stamping needs to be cancelled before he
files a fresh H1 for me, even though faqs on multiple sites state there can be upto 3
H1's filed.

Another related query...If my current employer goes for an L1 type VISA (company
transfer) for me, will there be any issue becoz of the existing H1 from company A?

Thanks in advance. --Mangesh

Mangesh wrote:

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[usenetquote2]>>>How can anyone get the VISA stamping cancelled? Is it the individuals[/usenetquote2]
[usenetquote2]>>>responsibility to go to the consular office to get the cancellation or the[/usenetquote2]
[usenetquote2]>>>employers?[/usenetquote2]

[usenetquote2]>>I don't know, I'm afraid - I would guess you could get the INS officer to cancel it[/usenetquote2]
[usenetquote2]>>on entry to the USA, or go to a consulate.[/usenetquote2]

[usenetquote2]>>I am intrigued to know why you want to get it cancelled, though![/usenetquote2]

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How about hiring a good immigration attorney (with lots of years of experience in the
field) to write a letter to your current employer concerning that fact that a valid
H-1B visa can be used with an approved H-1B petition filed by a different employer
than the one that filed the petition on which the visa is based?

Even if the previous employer withdraws the H-1B petition, that employer cannot
cancel a visa stamp.

If you request that the visa stamp be cancelled, and then apply for a new visa stamp
with your new approved H-1B petition, the consular post will not be happy about it.
You are making extra work for them.

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No.

"Mangesh" <[email protected]>

[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > How can anyone get the VISA stamping cancelled? Is it the individuals[/usenetquote2]
[usenetquote2]> > > responsibility to go to the consular office to get the cancellation or the[/usenetquote2]
[usenetquote2]> > > employers?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > I don't know, I'm afraid - I would guess you could get the INS officer to cancel[/usenetquote2]
[usenetquote2]> > it on entry to the USA, or go to a consulate.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > I am intrigued to know why you want to get it cancelled, though![/usenetquote2]
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I don't suppose another person saying it helps much, but your employer is wrong. The
"stamp" in your passport is entirely irrelevant. *IF* anything needed cancelling, it
would be the petition which company A got approved for you - but even that doesn't
need to be cancelled since you can have simultaneous approved H1-B petitions from as
many companies as you like.

As Sylvia suggests, I would have your employer speak to a competent US immigration
attorney. I wouldn't want a cancelled H1-B visa in my passport - as far as I'm aware,
they're normally only cancelled if you've been caught breaking the rules, so a
cancelled H1-B visa might make people suspicious of you in the future. Could you
perhaps "lose" your current passport and get a replacement?

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No.