Pakistani applying for H1 stamping from Ottawa, ON H1 current visa still valid

[jefkorn]

Hi,
Current H1 visa expires on April 22, 2006
Current H1 petition (I797) expires on April 4, 2007
Country of Origin: Pakistan

Q 1: My current H1 visa is not expired yet and is valid until Apr 2006, am I allowed to apply on Feb 13, 2006 (about 40 days before current H1 expires)?

Q 2: If after applying for H1 visa on the scheduled appointment Feb 13, 2006 in Ottawa, my case requires additional security check, can I return to US as my current visa is still valid to wait until the security check goes through ok and I am informed to come to Canada to get the visa?

Q 3: If the visa officer denies the visa, can I travel back to US on my visa which would still be valid in the month of Feb.?

Q 4: If I my case is required to go through additional security check or administrative processing, will I get my passport back and will the current visa be cancelled even though a new visa has not been issued yet?

I would appreciate your response to above mentioned questions.
Any Pakistanis out there going though similar situations, please share your experiences as they have to go through security checks more than Indians!

Thanks in advance,
Jef

 

[Ooncha]

A 1: Yes, you can apply early. In fact it is encouraged.

A 2: No, When you go for the interview, your current valid visa will be stamped "cancelled without prejudice", hence you cannot re-enter the USA. This is what I have been told by the US embassy in canada, I believe this is true.

A 3: If the visa is denied you can't come back due to the reason stated in A2.

A 4: As mentioned in A2, yes your current visa will be cancelled as soon as you apply. Howver, if they say that your case will go through security checks then you can withdraw your application without prejudice and come back to the US. If you decide to go ahead with the security checks, then you can get your passport back till they get the security clearance and then go to the embassy and get it stamped.

Hi,
Current H1 visa expires on April 22, 2006
Current H1 petition (I797) expires on April 4, 2007
Country of Origin: Pakistan

Q 1: My current H1 visa is not expired yet and is valid until Apr 2006, am I allowed to apply on Feb 13, 2006 (about 40 days before current H1 expires)?

Q 2: If after applying for H1 visa on the scheduled appointment Feb 13, 2006 in Ottawa, my case requires additional security check, can I return to US as my current visa is still valid to wait until the security check goes through ok and I am informed to come to Canada to get the visa?

Q 3: If the visa officer denies the visa, can I travel back to US on my visa which would still be valid in the month of Feb.?

Q 4: If I my case is required to go through additional security check or administrative processing, will I get my passport back and will the current visa be cancelled even though a new visa has not been issued yet?

I would appreciate your response to above mentioned questions.
Any Pakistanis out there going though similar situations, please share your experiences as they have to go through security checks more than Indians!

Thanks in advance,
Jef

 

[jefkorn]

Hi
Thanks for your response. Ok here's what I am worried about:

1. Suppose I go to the US consualte in Ottawa and hand over my passport alongwith relevant documents. They might ask me to wait for the interview and when I get to the officer, what if he has already stamped the much dreaded "Cancelled without prejudice" on my current valid H1 visa?

2. Regarding A 4, Can I withdraw my application while I am at the consulate? Has anyone gone through similar situation??

3. I want to take a chance to apply for H1 visa and if for some reason they are not able to issue me the visa or I have to wait for some sort of background check, what are my options if I want to travel back to US?


Thanks again for your time,
Take care,
Jef

 

[Ooncha]

A1. Yes, that could happen and then you would be stuck. I don't think they are supposed to do that until after letting you know of the clearance situation but I would call the counsulate and find out.

A2. Actually I recently heard about withdrawing the application, no one I know has tried that.

A3. You are in the same situation as many other Pakistanis, if all your documents are in order the chances of them rejecting the visa are slim, but the security check can take from 1 week to 60 days or more. You have no other options of coming back to the US, you'll just have to wait till you get the clerance.

Hi
Thanks for your response. Ok here's what I am worried about:

1. Suppose I go to the US consualte in Ottawa and hand over my passport alongwith relevant documents. They might ask me to wait for the interview and when I get to the officer, what if he has already stamped the much dreaded "Cancelled without prejudice" on my current valid H1 visa?

2. Regarding A 4, Can I withdraw my application while I am at the consulate? Has anyone gone through similar situation??

3. I want to take a chance to apply for H1 visa and if for some reason they are not able to issue me the visa or I have to wait for some sort of background check, what are my options if I want to travel back to US?


Thanks again for your time,
Take care,
Jef