H1B-PREJUDICE urgent plzzzzz

[meenakshisri]

hi seniors,

i have h1b visa which is valid from sept 2007 to sept 2010. as i have personal problem i didnt work in U.S and also im not in U.S currently. i live in the country where i attended my h1b visa so as of my knowledge im on legal status. now my problem is:

recently i attended visitor visa which i got approved but the councellor had stamped on my h1b visa as PREJUDICE i dont understand what does it mean by prejudice does my h1b visa cancelled completely and forever? if i want to work in U.S in futute do i need to apply again h1b visa?


plz guys help me out


thanx in advance

[txh1b]

The visa is cancelled for good but not your ability to get back on H1b at a later date. You need to go for another visa stamping when you want to enter on H1b.

Cancelled without Prejudice means you were not involved with any wrong doing for the cancellation.

[meenakshisri]

h1b visa-prejudice

thanx a lot txh1b even for last query also you helped me a lot

u say that i need to apply from the beginning. that means now my petition papers I 797 does not valid?

[txh1b]

thanx a lot txh1b even for last query also you helped me a lot

u say that i need to apply from the beginning. that means now my petition papers I 797 does not valid?

My post already answers this. Just the visa is invalid, not the underlying petition.

[aravind77]

H-1 B-1 Clash

I am having a similar case like meenakshi , H-1 is from a different organisation and B-1 is from diff one. (B-1 yet to get stamped. will be appearing for visa interview soon.

In case if my visa is subjected to cancellation will I have to undergo a the complete process of Re applying for new H-1 B through the lottery system or will i have to go only for a stamping with the necessary project documents from the employer.

[txh1b]

Im having Valid H-1 till sep 2010 from company "X".Cudnt travel to US cos of slow down.

Company "Y" in india is processing B-1 for current project.

1. Is my H-1 likely to get cancelled.? As mentioned by another member if it gets "Cancelled by prejudice" status do I need to go for the entire application process again or just the stamping with relevant documents then.

2. In what conditions does it go to the state "cancelled w/o prejudice" ive not travelled to US yet like the other member.

3.While going for B-1 Visa stamping do I need to specifically ask the officer about the exisiting visa or will it automatically get in to cancel mode.

4. If I carry any docs from my US employer stating that he is aware of my current B-1 processing wud be willing to take me on board with new projects one year down the line when the market picks up would this be of any help in substantiating my point in trying to retain the status of the visa or sucha step is really not needed at all.

I know my questions are in detail.. try to answer in brief , and please treat this as an urgent one.

regards
Aravind

1. Just the visa, not the underlying petition. You can mention to the VO that you plan on going on H1 and they could leave it without CWOP stamp.
2. Any unused visas or expired visas are usually stamped CWOP.
3. You may tell the VO if you intend on using the existing visa. The visas are not automatically cancelled unless stamped CWOP.
4. That is not needed. It all depends on the VO. You are allowed to have B1/H1 visa stamps on the PP at the same time.

[aravind77]

h1-B prejudice

1. Just the visa, not the underlying petition. You can mention to the VO that you plan on going on H1 and they could leave it without CWOP stamp.
2. Any unused visas or expired visas are usually stamped CWOP.
3. You may tell the VO if you intend on using the existing visa. The visas are not automatically cancelled unless stamped CWOP.
4. That is not needed. It all depends on the VO. You are allowed to have B1/H1 visa stamps on the PP at the same time.

Hello
Thanks a lot much for the advice in detail .I had another question.

I have not travelled with the existing H-1 B visa.

Case -1. Assuming that I am having only the H1-b visa ( b-1 not stamped) do i stand a chance to transfer my existing H-1 to a different employer .

I ve heard from some sources that I should have travelled in the exisitng visa atleast once and shud have paystubs from that organisation as well to get a transfer done.
There are some organisation who have approached to get the transfer done . Is this legally possible? please advice.

Case-2.
As mentioned in my previous post and your reply ....Assume that I go for a B-1 stamping ( employer A)and if my existing (from employer B) H-1 gets in to CWOP status, Once I am back to India completing the B-1 Travel do I stand a chance to transfer the H-1 to a different employer ? or else will I have to go with my previous employer itself as I have not travelled in that Visa

please treat this as an urgent one and let me have your valuable inputs in brief.

[txh1b]

Do some reading of H1b FAQs. A visa and petition are kinda different.

[kabkaba]

Visa, petition and status are three different things. Visa is stamped in passport and used for entry to the US in that category. Status is governed by current I-94 card. Petition is something that is done by employer or sponsor. Cancellation of Visa does not necessarily affect the others.