CP issue

V

vermontcp

Registered Users (C)
Hi,
I HAVE A MAJOR CONCERN! i WAS READING SOME STUFF ABOUT CP IN IMMIHELP.COM. They mentioned that the officer will cancel your non-immigrant visa (which is H1 in my case). after they approve your green card. Now my dileema is:
I work for Company A & have applied GC thru Company B. I have recently got my I-140 approved and was thinking of going for AC cosular processing(COMPANY B'S i-140).
My question is:
If I go for my interview and they cancel my H1 (which is Company A's H1) ,will I be able to legally work for company A after I get back to US? I mean just for few days as I have to resign from the company(A) and have to finsih few formalities which may take 2-3 weeks.
Also,can the consular general raise any questions regrding the above situation or its safe to stay with company A and join company B only after getting my GC (Compeling my interview in Mumai consulate) since GC's are anyway for future emplyment?
Please let me knwo your views on this.
Thanks
 
Strictly speaking, you are eligible to work for any employer as soon as you return to the U.S. and have received your temporary I-551 stamp in your passport. That said, you have also committed to reporting to work for your sponsoring employer and work for that employer on a "permanent" basis. This should be "soon" after your return. You're operating in somewhat of a grey area and I would consult with a very knowledgeable immigration attorney for advice.

Or -- consider first reporting to work with your sponsoring employer (for at least a day) upon your return, with the understanding that you'll have to go back to wrap things up with your H-1B employer for a week or two. You'll be definitely legit. then.
 
Your GC requirement are that U stay with your petitioning employer for atleast six months after your GC.

In your case your I-140 was approved with company B. I assume the labor is also from company B as well or are you doing labor subtitution ?.

Then if you have understanding from company B that you will wrap up things with company A, and will return back to company B, it should be okay.

With current status, your company B has filed for your GC, that means either you have another H-1B from company B as well, or are U free lansing?

When company B has filed for GC, for future empployment, then I assume they can wait for a week or two, as they have already waited for you for atleast 6 months for your GC.

In short you should be okay as long as you have a good understanding from company-B. If they a re willing to put you on pay role right after your return from CP interview, then there is no problem at all.
 
thanks txcp!
I have done labor substituion from company B. I hold my current H1b from Company A. I have good terms with CompanyB and there won't be any problem if I join them after 2 weeks after I get back from my ineterview from india (after get GC thru CP option).
My questions is,
if my H1B gets cancelled by the consulate general in india after getting the temporary GC (I have opted for CP).
Then will I be valid to work for company A even for a day?
 
vermontcp,

Usually the consulate will cancel all of your valid US visas on your passport. ( H-1, F-1, B-1 etc ).
But after your successfull CP interview, you will have green card, and you donot need H-1 from company A to work and wrap up things at company A. So as long as you good understanding with company B you are all okay. As company B is the one you have to keep happy. Which in your case is no problem.

In short you should not have any problem.
 
My two cents..

One more thing to note here is:
Consular officer cancels only "VISA" not I-797/I-129. The existing "non-immigrant" visa is cancelled because your "Immigrant" visa is approved.

Visa is only to enter into the country. Not stricktly related to work.

Hope this helps.

Thanks,

Puliraju
 
What if they did not issue Immi Visa

It makes sense to cancel any other visas because by applying for an immigrant visa the candidates demoinstrates his intend to migrate, which is forbidden for a person holding B,F visas and those visas will have to be cancelled.,
But H and L visa holders can have duel intend, and unless the denial of such petition was due to reasons which are sufficient to exclude an alien from entering to the US(Fraud, publich chargeability -health-related issues), I dont see any reason for them to cancel the H, L visas until they issue immigrant visas.

But once you have an immigrant visa, why in the world you need a non-immigrant visa ? ;).

I am not sure if they cancel the H-1B or any other Visas before they approve Immigrant Visa (or even if they dont approve it?).

Experts, Please clarify.

Thank you
 
Re: What if they did not issue Immi Visa

Originally posted by imihelp
It makes sense to cancel any other visas because by applying for an immigrant visa the candidates demoinstrates his intend to migrate, which is forbidden for a person holding B,F visas and those visas will have to be cancelled.,
But H and L visa holders can have duel intend, and unless the denial of such petition was due to reasons which are sufficient to exclude an alien from entering to the US(Fraud, publich chargeability -health-related issues), I dont see any reason for them to cancel the H, L visas until they issue immigrant visas.

But once you have an immigrant visa, why in the world you need a non-immigrant visa ? ;).

I am not sure if they cancel the H-1B or any other Visas before they approve Immigrant Visa (or even if they dont approve it?).

Experts, Please clarify.

Thank you
Click to expand...

An individual should not have more than one type of visa issued at any point of time for entry to a country, as the visa is only a permission to legally enter a country. The reason why the consular officer cancels (CWOP: Cancelled With Out Prejudice) any existing visa issued to an individual is to avoid confusion at the POE (Port of Entry) after an immigrant visa has been issued.

I am not sure why an individual would want to enter US on any other visa once the immigrant visa has been issued.

Thanks.
 
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