US Visa? What is the deal? I need help please.?

Question

I have just recently returned to the UK from the US.

I have been in the US on a R-1 Visa since May 2007.

I applied for a change of employer using the I-129 form provided on USCIS.gov.

My question is this:

My I-129 form was being processed for the change of employer but my employment has finished with them. I still have a visa in my UK passport which states I am employed under "New Life Church" but my I-129 change of employer will say "PAIS USA".

Basically now I've left the country does the application automatically get cancelled or do I have to do anything?

Any information will be greatly appreciated.

Answer 1

Actually, it is the new employer who must submit the I-129 for a change of employers, not you. 8 CFR 214.2(r)(6).

It would be the new employer that would have to cancel the I-129, if they decided that was a good idea.

If you're not coming back to the U.S. to work for the new employer, it's academic. However, if the petition is approved and you want to work for the new employer, you may use Form I-797 to apply for a new visa which will be endorsed with the name of the new employer.

Of course, the consular officer must adjudicate the new visa application on its own merits.