Applying H1b after revoking stamped H1b Visa

Hi Saurabh,

This is in  the continuation to the previous question below:

Hi Saurabh,

I am having H1B stamped on my passport from employer A but due to family need I was not able to travel US on decided date by employer, my employer said it will not be possible for him to wait for so long so he wanted to cancelled my H1B as Its guideline from state that if the employee is not coming then company should get H1B visa cancelled by some specified date.
Is this true?

2) can my H1b cancelled and that count can be used by the other candidate for the same company.

3) he is saying that I have cancelled your visa in future whenever you plan to cone then new filing will be done. So, in this case as I was already considered in quota or as it’s cancelled then new quota will be considered.

4) in this case if he plan to file again then I have to get restamped.

5) why he is planning to spend his money twice in filing. Is seriously he was not having any other option left without canceling my visa as I was not able to travel now.

Your answer:

1. Yes, USCIS asks employers to withdraw the petition if they don’t think they will hire the employee.
2. It can be canceled, but cannot be used by anyone else in the company.
3. A new petition needs to be filed, but you will not be subject to cap. So same/another employer can file cap-exempt petition for you and you will not be subject to April/October dates. Make you get a copy of approved 797 from old employer for future filing purpose.
4. If the employer gets your current visa stamp canceled by sending the passport to consulate, then yes another stamping would be required in future. Else, you can reuse the same old stamp until its validity date
5. He might be having fears that you will leave the employer, move to another one and then travel to US. So trying to put roadblocks by getting petition withdrawn and visa canceled (not saying it will help him much in achieving this). This is just a guess about their mindset.


Thanks for your response. I talked to my employer and he said he has revoked the visa, which returns the visa to the pool. I told him that I have checked with some of my trusted experienced people in this area that even if the Visa is revoked then also I am in the Quota and if the same employee will file anytime in the year irrespective of the 2013 Quota, once I recieve the NEW approved petition then I can fly with the same stamp.

But he says its not correct, you have to undergo fresh filing with next year quota and Fresh Stamping even with the same employer. With Old Stamp, they can send you back from the US Airport.

Please suggest whether the information given by him is correct?

You can talk to a lawyer (not the one related to employer) and get their opinion on it. However, if you have the copy of approval notice (or just the receipt number), another employer can file cap-exempt petition (aka H-1 transfer) for you in future.

Thanks Saurabh for your quick response.
And this can be filed anytime of the year even with the copy of approval notice ( Revoked ).

Yes, it can be filed anytime using the copy of approval notice (revoked).