H1B stamping at Toronto, before existing US visa expires

S

srikr

Registered Users (C)
Hi friends,

Can anyone guide me on this -

My H-1B expires in March 2009. I have an approved renewal notice from the same employer which I'm planning to stamp in Toronto in February 2009, BEFORE the current visa expires. My thinking is - IN CASE the officer in Toronto refuses our (my wife is on H-4 with exactly the same status) visas for whatever reason (India degree, work ex etc.) - I can still re-enter the US since my current visa would not have expired. IS this correct? Or will the current visa be cancelled as well?

Please help. Thanks.

Srik
 
Do they usually cancel the valid visa even if the new application is not approved? I know they do it if the new stamping is done but am not sure what happens if that is denied.
 
Think about it. Your new visa application is denied/delayed by the consul for some reason or the other. In other words, he/she is not ready to let you back into the US. Do you think your old visa will be left untouched?

srikr said:
Do they usually cancel the valid visa even if the new application is not approved? I know they do it if the new stamping is done but am not sure what happens if that is denied.
Click to expand...
 
Hmm when you put it that way it sounds unlikely I must admit. In that case there really is no advantage in planning to go over BEFORE the current visa expires. I guess I was thinking they might not want to go ahead and issue a new visa for whatever reason, but would leave the current one untouched since it was based on a previous H-1B petition.
 
Same dilemma here

I have an unexpired H1B Visa(valid for another 2 months) and am planning to go to Canada for stamping(I just got h1 transfer and renewal done)
If the embassy does not stamp the new visa for any reason, can I still come back on my unexpired visa and valid I-94. To put it simply, does denial of the new visa stamp affect existing valid visa? Did anybody have a similar experience?
 
When you appear for the visa interview, the first thing the VO would do is to cancel your existing visa irrespective of the face whether it is expired or not. The cancel stamp would read as 'Cancelled without Prejudice'. So you can no longer use the visa for travel. Hope this helps.
 
As far as I know, 'Canceled without prejudice' is done when the officer takes your passport after approving the new Visa. This is done to make sure you only have one active H1B stamp on your passport.
 
You must log in or register to reply here.
Top