can return to USA on valid H-1, if CP somehow gets rejected?
- Thread starter apatel59
- Start date
in-waiting
Registered Users (C)
Depends.
In the following situations, your CP application will not be refused, just put on hold. Your non-immigrant visa will not be canceled. You will be permitted to enter the US:
1. If your application is incomplete, the consular officer will ask you to procure the necessary documents and reappear for the interview.
2. If you fail to meet some requirement, the consular officer will ask you to satisfy the requirement and reappear for the interview. (ref: the case of troubled_soul, where he was required to relocate to the MSA of his work place.)
Whenever a consular officer refuses the immigrant visa, he/she is required to indicate the grounds for refusal. If you can overcome the grounds of refusal within one year, your application will be reconsidered. You may request a non-immigrant visa if it can help you overcome the grounds for refusal.
If the immigrant visa is refused for a "severe" reason (intent to fraud, communicable disease, criminal background), your non immigrant visa will be cancelled and you shall be barred from entering the US.
In the following situations, your CP application will not be refused, just put on hold. Your non-immigrant visa will not be canceled. You will be permitted to enter the US:
1. If your application is incomplete, the consular officer will ask you to procure the necessary documents and reappear for the interview.
2. If you fail to meet some requirement, the consular officer will ask you to satisfy the requirement and reappear for the interview. (ref: the case of troubled_soul, where he was required to relocate to the MSA of his work place.)
Whenever a consular officer refuses the immigrant visa, he/she is required to indicate the grounds for refusal. If you can overcome the grounds of refusal within one year, your application will be reconsidered. You may request a non-immigrant visa if it can help you overcome the grounds for refusal.
If the immigrant visa is refused for a "severe" reason (intent to fraud, communicable disease, criminal background), your non immigrant visa will be cancelled and you shall be barred from entering the US.
laluprasad
Registered Users (C)
No Title
CP is refused for very specific reasons which are limited to the following:
- Criminal record or background
- Fraud - You fabricated/forged documents as well as your case
- Misrepresentation - Lied and misrepresented facts about your life, career, Previous jobs etc
- Failed the medical exam due to a communicable disease
If your CP is rejected for any one of these reasons, you are TOAST. Its like asking " Can i come back home and have lunch after i get killed in an accident on the freeway". No you cant come back to the US, if you are rejected.
CP is refused for very specific reasons which are limited to the following:
- Criminal record or background
- Fraud - You fabricated/forged documents as well as your case
- Misrepresentation - Lied and misrepresented facts about your life, career, Previous jobs etc
- Failed the medical exam due to a communicable disease
If your CP is rejected for any one of these reasons, you are TOAST. Its like asking " Can i come back home and have lunch after i get killed in an accident on the freeway". No you cant come back to the US, if you are rejected.
i think you can return
because i finished my CP on Nov 30th,
they left the H1 visa stamp as it is on the passport,
so if your CP is rejected and have a valid H1 stamp on passport,
you can enter US on H1, that is what my Attorney told me before leaving to india.
I think, consulate has no real means of passing the CP rejection info to port of entry locations, quickly to block you from entering in to US in case of CP rejection.
because i finished my CP on Nov 30th,
they left the H1 visa stamp as it is on the passport,
so if your CP is rejected and have a valid H1 stamp on passport,
you can enter US on H1, that is what my Attorney told me before leaving to india.
I think, consulate has no real means of passing the CP rejection info to port of entry locations, quickly to block you from entering in to US in case of CP rejection.
NO. Because at CP Interview, Your Intention changed to Immigrant VS Non.
H-1 is a non immigrant Visa. CP ios for Immigrant. When you attended CP Interview, your Intentions changed. So, when you submit your application and PP, your H-1 is cancelled without prejudice.
For some reason, CP is rejected (Fraud, HIV, Police Record, etc.)for the same reason they would cancel H-1. So, H-1 is cancelled either way when you go to CP Interview. But you should not worry about this because for the same reasons AOS will also be rejected. Only diffrence is you have more time.
H-1 is a non immigrant Visa. CP ios for Immigrant. When you attended CP Interview, your Intentions changed. So, when you submit your application and PP, your H-1 is cancelled without prejudice.
For some reason, CP is rejected (Fraud, HIV, Police Record, etc.)for the same reason they would cancel H-1. So, H-1 is cancelled either way when you go to CP Interview. But you should not worry about this because for the same reasons AOS will also be rejected. Only diffrence is you have more time.
in-waiting
Registered Users (C)
Laluprasad
Comparing CP to a road-kill will not make your argument more cogent. Do you have any empirical evidence to support your statements? Are you sure that all CP refusals to date have led to permanent exclusion of the applicant?
Decision process in consular processing follows the same guidelines as any other decision process in state related affairs. There are provisions for appeals and waivers. It is best to seek professional advice and evaluate the potential risks in a case, instead of relying on sweeping statements made on a public board by an "armchair lawyer"
As an aside, note that employment based applicants form primary audience on this board. It is a fraction of the total potential immigrant pool, and has been pre-screened at various stages - employers, schools, etc. While I do not dismiss the existence of such cases, I feel that serious offenders (convicts, illegals, etc.) are less likely to follow the path of employment based immigration.
Comparing CP to a road-kill will not make your argument more cogent. Do you have any empirical evidence to support your statements? Are you sure that all CP refusals to date have led to permanent exclusion of the applicant?
Decision process in consular processing follows the same guidelines as any other decision process in state related affairs. There are provisions for appeals and waivers. It is best to seek professional advice and evaluate the potential risks in a case, instead of relying on sweeping statements made on a public board by an "armchair lawyer"
As an aside, note that employment based applicants form primary audience on this board. It is a fraction of the total potential immigrant pool, and has been pre-screened at various stages - employers, schools, etc. While I do not dismiss the existence of such cases, I feel that serious offenders (convicts, illegals, etc.) are less likely to follow the path of employment based immigration.
laluprasad
Registered Users (C)
In-Waiting - Remember you are still waiting
In waiting, I looked through some of your past postings on this site. Must say that you are a good writer and very articulate in your thoughts. At the same time you seem to be highly opinionated, very touchy and seem to like to read/hear things that you WANT to read and hear. It appears to me that you have very biased points of view and an extreme intolerance for opinions, which do not synch up with your rigid thoughts and ideas.
As for “arm chair lawyers”. I doubt if any one of the posters on this board has a JD in immigration law. That makes everyone on this board an "armchair lawyer". What is also important to note that all of us also have professional (and highly paid) lawyers working on our cases but we still come to this site to share opinions with other folks, people whom you term as “arm chair lawyers”.
Before I proceed let me say that I found many of the postings extremely useful in my CP campaign, which successfully ended many months back. Yes my attorney was a big help but many opinions on this board were equally helpful, some of which were not always pleasant to listen to, but ones that helped me get the true picture.
Coming back to your post, it seems that something I said offended you personally. If it was my road kill example, I must say that I was only trying to make a point. If my definitions of Fraud or misrepresentation touched a “personal”chord with you. I really don’t know what to say.
Net/net, I have been around this board long enough. I have successfully gone through the CP. Like everyone else i worked on understanding all the hoops and issues that surround the process. Looks like you are going through the same learning curve, thats just fine, you will get there.
As for rejections and hard evidence - I have seldom seen people being rejected; on occasion I have seen a couple of cases being put on hold for additional scrutiny.
As for rejections, the most famous example is one of a person called bmbcp. His CP was rejected in May’01 and he is still in India. His H-1B was cancelled. There have been a couple of cases in Dhaka, the specifics of which I don’t remember at the top of my head.
In waiting, I looked through some of your past postings on this site. Must say that you are a good writer and very articulate in your thoughts. At the same time you seem to be highly opinionated, very touchy and seem to like to read/hear things that you WANT to read and hear. It appears to me that you have very biased points of view and an extreme intolerance for opinions, which do not synch up with your rigid thoughts and ideas.
As for “arm chair lawyers”. I doubt if any one of the posters on this board has a JD in immigration law. That makes everyone on this board an "armchair lawyer". What is also important to note that all of us also have professional (and highly paid) lawyers working on our cases but we still come to this site to share opinions with other folks, people whom you term as “arm chair lawyers”.
Before I proceed let me say that I found many of the postings extremely useful in my CP campaign, which successfully ended many months back. Yes my attorney was a big help but many opinions on this board were equally helpful, some of which were not always pleasant to listen to, but ones that helped me get the true picture.
Coming back to your post, it seems that something I said offended you personally. If it was my road kill example, I must say that I was only trying to make a point. If my definitions of Fraud or misrepresentation touched a “personal”chord with you. I really don’t know what to say.
Net/net, I have been around this board long enough. I have successfully gone through the CP. Like everyone else i worked on understanding all the hoops and issues that surround the process. Looks like you are going through the same learning curve, thats just fine, you will get there.
As for rejections and hard evidence - I have seldom seen people being rejected; on occasion I have seen a couple of cases being put on hold for additional scrutiny.
As for rejections, the most famous example is one of a person called bmbcp. His CP was rejected in May’01 and he is still in India. His H-1B was cancelled. There have been a couple of cases in Dhaka, the specifics of which I don’t remember at the top of my head.
discussion board is very helpful
thanks guys.. i think this kind of discussion boards are really helpful to us. all of the guys going through employment based greencard get very good company lawyer. but still ideas and opinions you get on this board is really helpful. sometimes lawyers here don\'t know the specific procedures at US consulates of india. at that time, such kind of boards are really useful
thanks guys.. i think this kind of discussion boards are really helpful to us. all of the guys going through employment based greencard get very good company lawyer. but still ideas and opinions you get on this board is really helpful. sometimes lawyers here don\'t know the specific procedures at US consulates of india. at that time, such kind of boards are really useful
reasons for bmbcp rejection
http://pub18.ezboard.com/fimmihelpforumsfrm24.showMessage?topicID=326.topic
http://pub18.ezboard.com/fimmihelpforumsfrm24.showMessage?topicID=326.topic
No Title
Hi,
I have been reading about the H1/H4 visas getting \'canceled without prejudice\' once you appear at the consulate for the interview.
The travel visas for me and my wife (H1/H4) have expired ? Since the visas are anyways canceled, I was wondering whether I should go through the additional effort of getting ours visas revalidated (Stamped) while in the United States ??
All replies appreciated.
Thanks
Hi,
I have been reading about the H1/H4 visas getting \'canceled without prejudice\' once you appear at the consulate for the interview.
The travel visas for me and my wife (H1/H4) have expired ? Since the visas are anyways canceled, I was wondering whether I should go through the additional effort of getting ours visas revalidated (Stamped) while in the United States ??
All replies appreciated.
Thanks
in-waiting
Registered Users (C)
Laluprasad:
1. Personal insinuations: a common tactic to make an argument more cogent. I didn\'t think you would engage in such tactics, and shall refrain from responding to your comments about me or my posts, lest this discussion turns into drivel.
2. As for "armchair lawyers", the comment was directed specifically at you, not the general patrons of this board. I am thankful to Mr. Khanna for providing this forum, and to the scores of posters who share their experiences, provide valuable advice, etc. Have nothing but the highest regard for their time and efforts. Rarely do people make sweeping comments ("CP refusal means you are TOAST" without providing any supporting evidence. Another tactic to make an argument more cogent - misinterpret a statement to evoke public sympathy.
3. "Holier than thou": yes, my friend, you are there, I am still in waiting. You could have been a bona fide US citizen, but that still would not have justified your sweeping statements that lacked supporting evidence. Yet another tactic - patronizing rhetoric.
4. "CP refusal means you are TOAST": you failed to provide any evidence to substantiate your original claim. The best you could come up with was BMBCP\'s example, denial due to employer withdrawing job offer. As unfortunate as BMBCP\'s case was, it does not corroborate your sweeping statement. Let me remind you that to disprove your conjecture, one would need a single counter-example, but to prove it, one would need to show that every CP refusal case resulted in permanent exclusion.
As to why you would choose to make a sweeping statement without a shred of evidence is completely beyond me. I would like to reiterate the point that a CP refusal may not always mean permanent exclusion, there is always some hope.
I shall ignore all future posts laced with personal insinuations or patronizing rhetoric. If you expect a response, be objective in your analysis and reasoning. If you don\'t expect a response, why bother writing?
(Hint: ask yourself the questions: "Do I have sufficient evidence to substantiate my claim of \'CP refusal means you are TOAST\'? If I don\'t, should I retract it?"
Cheers!
1. Personal insinuations: a common tactic to make an argument more cogent. I didn\'t think you would engage in such tactics, and shall refrain from responding to your comments about me or my posts, lest this discussion turns into drivel.
2. As for "armchair lawyers", the comment was directed specifically at you, not the general patrons of this board. I am thankful to Mr. Khanna for providing this forum, and to the scores of posters who share their experiences, provide valuable advice, etc. Have nothing but the highest regard for their time and efforts. Rarely do people make sweeping comments ("CP refusal means you are TOAST"
without providing any supporting evidence. Another tactic to make an argument more cogent - misinterpret a statement to evoke public sympathy.3. "Holier than thou": yes, my friend, you are there, I am still in waiting. You could have been a bona fide US citizen, but that still would not have justified your sweeping statements that lacked supporting evidence. Yet another tactic - patronizing rhetoric.
4. "CP refusal means you are TOAST": you failed to provide any evidence to substantiate your original claim. The best you could come up with was BMBCP\'s example, denial due to employer withdrawing job offer. As unfortunate as BMBCP\'s case was, it does not corroborate your sweeping statement. Let me remind you that to disprove your conjecture, one would need a single counter-example, but to prove it, one would need to show that every CP refusal case resulted in permanent exclusion.
As to why you would choose to make a sweeping statement without a shred of evidence is completely beyond me. I would like to reiterate the point that a CP refusal may not always mean permanent exclusion, there is always some hope.
I shall ignore all future posts laced with personal insinuations or patronizing rhetoric. If you expect a response, be objective in your analysis and reasoning. If you don\'t expect a response, why bother writing?
(Hint: ask yourself the questions: "Do I have sufficient evidence to substantiate my claim of \'CP refusal means you are TOAST\'? If I don\'t, should I retract it?"
Cheers!
Laluprasad & in-waiting, guys please take it easy...
both of you seem to be very good writers. Though I admire your excellent command over the English language I guess we need to focus on the subject topic, i.e., Consular Processing, without getting into any fights. Thanks for your cooperation.
both of you seem to be very good writers. Though I admire your excellent command over the English language I guess we need to focus on the subject topic, i.e., Consular Processing, without getting into any fights. Thanks for your cooperation.
Port of Entry stamp for my spouse and myself
My CP interview is scheduled for mid Jan 2002 but my spouse intends to travel to India before I do. Does the stamping on the passport at the port of entry in India need to be the same for my spouse and myself for the sake of the interview.
Kurious Kat
My CP interview is scheduled for mid Jan 2002 but my spouse intends to travel to India before I do. Does the stamping on the passport at the port of entry in India need to be the same for my spouse and myself for the sake of the interview.
Kurious Kat