H1B cancelled at Abu Dhabi Port of entry

[Pradheep 0]

Hi All, 

 

My H1B visa was cancelled at Abu Dhabi POE on June 5th 2024. Reason is- I was not having updated employment Agreement & Client letter with onboarding date which states my work start date.

My visa was stamped by CBP officer with "Pursuant to 22 CFR 41.122(h)(3) " . What does that mean? 

However, CBP officer said go back to your country,  get a new visa and come to US. So I have below questions 

1. Am I still eligible to get a new H1B visa with the same Employer & Client which is legit.
2. Or do I need to transfer my H1B to new employer and get a new i797 & LCA for attending visa interview again. 

I have filled DS-160 with the details of visa cancellation in it. 

My H1b validity is from October 2022 to September 2025. I haven't travelled to US before. It was my first time and visa was cancelled. 

[Boiler 44,972]

The legal basis the CBP officer used to cancel the visa.

 

You are eligible to apply

 

You do not have a H1b, it was cancelled.

 

What does your Employers Lawyer say? 

[Sinead91 249]

It looks like you need a new stamp. What did you provide at the border for your supporting documentation? You should only enter the U.S. 10 days before your H-1B is active.

 

You had an approved H1B from last year, why didn't you begin employment then? A H1B stamp in your passport is nothing without a job offer letter / start date letter / proof of employment.

 

When travelling on H-1B you need

1. H1B stamp

2. Paystubs for active US employer / Offer letter for new employer

3. i797 H1B approval notice (the green notice)

4. Copy of H1B packet is also advisable.

[Pradheep 0]

On 7/1/2024 at 12:05 PM, Boiler said:

The legal basis the CBP officer used to cancel the visa.

 

You are eligible to apply

 

You do not have a H1b, it was cancelled.

 

What does your Employers Lawyer say? 

@BoilerThanks for your response. I am planning to go for visa interview again with the updated documents from my employer. 

[Pradheep 0]

17 hours ago, Sinead91 said:

It looks like you need a new stamp. What did you provide at the border for your supporting documentation? You should only enter the U.S. 10 days before your H-1B is active.

 

You had an approved H1B from last year, why didn't you begin employment then? A H1B stamp in your passport is nothing without a job offer letter / start date letter / proof of employment.

 

When travelling on H-1B you need

1. H1B stamp

2. Paystubs for active US employer / Offer letter for new employer

3. i797 H1B approval notice (the green notice)

4. Copy of H1B packet is also advisable.

@Sinead91 Thanks for your response. Its my first time to US.  So I dont have any pay stubs as I havent started my work. It is advisable to transfer my H1B to new employer even if I have not been to US? I have been referred to a new employer by one of my friend. Pls advise.

[Sinead91 249]

15 hours ago, Pradheep said:

@Sinead91 Thanks for your response. Its my first time to US.  So I dont have any pay stubs as I havent started my work. It is advisable to transfer my H1B to new employer even if I have not been to US? I have been referred to a new employer by one of my friend. Pls advise.

Your new employer should file a new H1B for you, and you will need a new i797 also.