Status of current H1 if CP denied or ran into some issues

vkumar11

New Member
What would be status of current H1 if CP ran into some issues or is denied. Can one still come to US on existing H1.
 
Samind - Cannot come back on grounds of denial ?

even if there is time left on H1 ? Is it because the grounds for denial will be enough to deny lawful entry ? What if the PCC is not done, hence there is incomplete paperwork for CP, so they want to hold the granting of GC until PCC is complete ?
Thanks,- Mukul
 
H1B is cancelled

One of the first things that the consular officer does during the interview is cancel the existing H1/H4 visa.

If the GC is on hold or rejected due to lack of certain documents, then the H1B is reissued.

But if the GC is rejected due to fraud or other serious reason, then you cannot re-enter the US.

Good Luck.
 
No Title

once when you go to interview and submit your passport your h1 is cancelled(according to my knowledge). so in the other case if you are lack of some docs and pcc even in that case you have to wait until they issue you the packet to enter into usa.
so no chance once its delayed you have to wait until you get it.
 
Samind and AAAK - Thanks for the info..

My H1-B is expiring in mid-Feb, and I am expecting a Feb interview since my Pkt 3 was entered on Dec 8th. The legal counsel at my company is waiting until the middle of this month to know the date, and if it is before Feb 14th, then we will just go without applying for a H1. In that event, if H1/H4 are cancelled, and they need any additional documents, they won\'t reissue since the earlier H1 did not have any validity ?
 Also, in the event of interview being after Feb 14th, we will apply for an extension, since it is legal to work without obtaining the H1 even if it was applied a day before teh earlier visa expired. Am I taking a big risk by travelling for CP with these issues with my H1 at this time ? Would appreciate your ponit of view.
Thanks, - Mukul
 
I have another scenario!

I am doing my CP in Prague with my Czech passport, so my I-551 stamp will go there. However, my H1-B was issued into my Canadian passport. Will they cancel my H1-B in my Canadian passport during my CP in Prague?
 
answer

When u fill up packet -3 u clearly mention whether u are in US or not..
So if u were in USA..they know u are in some kind of visa.

so they would surely ask u for ur visa..which is in ur canadian passport and cancel it..

It finally boils down to changing ur status..dual citizenship doesnot come in to picture
 
Dual citizenship

I am in the similar situation. I first got admitted to the States in Student Status, later got H-1B up to the present. I also got my Canadian citizenship last year (I am living in the Buffalo border area). Wondering why you do not want your GreenCard go on your Canadian passport? And why you do want to do CP at Montreal? I just started my GreenCard process. What to know more about the disadvantages of doing CP at Montreal.

Your reply will be highly appreciated.

Thanks.
 
MUKUL JAIN

I think it is better that you file for H1. Not a big deal. I think you should not wait till the last minute.

Just my 2 cents.
 
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