What happens to H1b if Mumbai rejects one

[sam485]

During the interview after filing and acceptance of candidate as AC140, he/she gets rejected or accepted, what happens to H1b visa in passport ? Does Consulate cancel it ?

If one has pending renewal of H1b for spouse, can she travel for Ac140 at consulate while H1b [renewal petition] is pending ? Will she be able to enter the US ?

[rahpraj]

as i understand it from the related info all around...at the time of the AC process, they cancel all non immigrant visas first and about rejection - the opinion is unless you fail on criminal or medical grounds they cannot reject you, they can ask for addl. documents and would give you time to procure those. addly. if AC is rejected so will your AOS fail in most likelihood....this is what I read everywhere...

[rockstar123]

I am told by my $-sucking lawyer that as long as you have a valid H-1B, you can enter back to this country after you are denied the permanent residency and file for I-485. I don't know more than that.

[rahpraj]

AC I-140 concern

Would the Mumbai consulate be concerned, if i have a canadian PR stamp on my passport ?
Would I be faced with dual residency questions?
please express your valuable opinions on this. thanks

[bd850]

From my understanding thats not true. Your visas are cancelled before the interview so even if your residency is denied you dont have an H-1 to enter back into the US? So how can u enter back????

[rahpraj]

agree

[rs2000]

I remember reading someone's personal experience regarding CP in Mumbai. His H1B was cancelled before the interview and during the interview an issue came up that required him to get some more documents. Since he thought he had to travel back to US to get them, he was asked to get demand drafts for non-immigrant visas (as per this person the consular officer realized that they should not have cancelled his H1B initially). He got the DDs and they stamped new H1B on his passport. This person, however, later gathered the documents without leaving India and went back to the consulate and eventually got his IV.

I hope this helps.