A different H1-B Question!

JMRM

New Member
Hello to everyone! I am an unusual situation, I would really appreciate insights from persons who are in similar situations!

After working for my US company for a year I got my H1-B visa last September 2003 valid for 3 years. However, I left the company 3 months later. After that I got a Visitors (B1/B2 visa for Canadians and Mexicans) so that I could travel to the US normally on holidays, etc. When I got that visitors visa, the U.S. consul stamped my H1-B visa on my passport with the words "cancelled without prejudice", even though that visa is valid until September 2006. As I understand it, when a person has held H1-B visa status before he/she is NOT subject to the cap, and can go and apply for a new job with no problem. That means that I should in theory have no problem applying for a visa right now if I get offered employment. My question is: Does the fact that the consul put the words "cancelled without prejudice" over my H1-B visa stamp that is valid until 2006 when they issued my new Visitors (B1/B2 visa) mean that now I am subject to the cap that was just reached? Or am I OK, not subject to the cap and able to apply for a visa even now if I get a job offer?

Thanks to anyone who has any insights!
 
JMRM said:
Hello to everyone! I am an unusual situation, I would really appreciate insights from persons who are in similar situations!

After working for my US company for a year I got my H1-B visa last September 2003 valid for 3 years. However, I left the company 3 months later. After that I got a Visitors (B1/B2 visa for Canadians and Mexicans) so that I could travel to the US normally on holidays, etc. When I got that visitors visa, the U.S. consul stamped my H1-B visa on my passport with the words "cancelled without prejudice", even though that visa is valid until September 2006. As I understand it, when a person has held H1-B visa status before he/she is NOT subject to the cap, and can go and apply for a new job with no problem. That means that I should in theory have no problem applying for a visa right now if I get offered employment. My question is: Does the fact that the consul put the words "cancelled without prejudice" over my H1-B visa stamp that is valid until 2006 when they issued my new Visitors (B1/B2 visa) mean that now I am subject to the cap that was just reached? Or am I OK, not subject to the cap and able to apply for a visa even now if I get a job offer?

Thanks to anyone who has any insights!
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1 you were on H1 Visa when you worked on H1 status in US
2 you left the H1 holder company and you applied for B1/b2 visa and the consulate did the correct thing , your H1B visa stamp is cancelled and it not valid as you got B1/b2 visa. one cannot have B1/b2 and H1 Visa stamp at the same time.
 
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