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Got H1B stamped but what if I do not travel to US and do not join the sponsoring company now? Future chances?

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Hello,

I competed the interview and got a valid H1B visa on my passport this September' 2015, but recently my personal situation demands me to stay back in India and not travel to US.

What will happen if I do not join my sponsoring company in US and stay back in India? Will my H1 get cancelled? Also, will this cancelled H1 alter my future chances of applying and traveling to US through another sponsor? Will USCIS take my case with suspicion the next time I apply for my H1 ?

Alternatively, Can I still keep my current H1 active and not travel to US for like 6  - 8 months? Is it a possibility?

Any help from you good people would be appreciated.
asked Oct 22, 2015 in H1B Visa by Anurag99 (120 points)

1 Answer

0 votes
Keep your H-1 employer in loop about the delay.

You can delay your travel and can travel anytime in future as long as your petition and visa stamp are still valid. If the employer withdraws the petition, then you need to find another employer to file cap-exempt petition (aka H-1 transfer) and then travel to US.
answered Oct 23, 2015 by Saurabh (284,320 points)
Thanks for your reply Saurabh.

Though I would also like to know that if I decide to stay back in India and not travel to US and my H1 gets cancelled this time.

Then would this cancelled H1 pose any difficulty for me in the future to reapply for the H1B sponsorship through other company? Difficulty in terms of explaining the interviewer why my previous H1 was cancelled and why I would like it this time? Any other suspicion because of which they may cancel my application ?
Two things can be canceled: 797 petition, which an employer can withdraw; and H-1 visa stamp in passport, which an employer can get canceled by submitting your passport to consulate.

Usually employers withdraw 797 but don't get visa stamp canceled as that required you handing your passport to them.

Even after petition is withdrawn (or in extreme cases when your visa stamp is canceled), you can still with cap-exempt route in future. It doesn't hamper your future immigration prospects.

If asked in future, you can reply truthfully that it was employer's choice to withdraw it.
Company xyz had sponsored a successful H1B petition. I changed my mind and will not join this company.

If a future employer applies for an H1B visa for me, will they know about my previous petition?

If the xyz company revoke my H1B visa, will that affect my chances for a H1B in the future?

Thank you in advance.



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