H1B Stamping in Canada. What if Rejected??

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Registered Users (C)
Hi,

I have been in US since 1997 and completed my Masters in Engineering. I transfered from F1 to H1 in 2001 and got my Stamping to H1b in Nov 2001. I visited India in Dec 2001 and came back. After that I changed by job 2 times and I am currently with my 3rd employer. I have valid H1B approvals. My stamping from the first Job is due to expire in Jan 2004.

I need to visit India in late Jan and I am thinking of getting my stamping again in Vancouver, Canada in Dec 2003.

I do not see much problem in getting my stamping done but just incase I do get rejected, the according to new law I can not enter US just on valid I 94.

THe question I have is *IF* I get rejected, will I have a problem coming back into US? Since my passport still has a valid stamping until Jan 2004, I dont think I should have a problem. I still want to be able to confirm that. I also want to know if the consulate can cancel my OLD valid visa as well along with rejecting my current application?

Your inputs will be highly appreciated. Since its been a while since I did this, could someone give me inputs on what are the documents I need to carry?

Thank you
Sam
 
Yes, if you a have a valid visa, then the rejection should not matter. However whenever you change jobs the idea is that you will use the H1 approval with new company - along with I94 and will be issued a new I94 at POE. A little bit of grey area. A zealous POE inspector might ask you to go to home country and get the visa stamp in passport (although the stand is arguable) , so just be prepared for the contingency.
 
Thanks. What Options

Thanks Jaxen.... So according to you even if my visa gets rejected I should be able to get back into the country with the H1 stamping (that has a validity until Jan )of my previous company and the approval notice of my current company.

What are the contigency plans? Does it mean I will have to go back to India from Vancouver? Will my employer be able to do anything? Will he be able to talk to the immigration people at the poe to tell them my validity?

I am just thinking out loud and would take any kind of input.
Thank you
 
Yes, contingency is going to home country. Your employer can do squat with POE inspectors. Furget about it.
 
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