Please Help Interesting case of H1B

[moony6676]

I am explaning the case in very simple form here below...

I worked with company AAA H1B visa from OCT 2006 till JANUARY 2008(ACTUAL VALIDITY OF AAA company VISA is FROM OCT 2006 to OCT 2009)

then AAA company was changed to new company named BBB in 2008 and so I got new H1B papers on new company name and I worked from January 2008 to Oct 2008 on BBB with new H1B petetion papers,then came to india in same month..

I came to India in Oct 2008 and went to consulate for new H1b Visa stamp in Dec 2009 just 2 months after my valid visa with AAA VISA EXPIRED( AAA visa was expired in OCT 2009),though I started working with BBB from JAN 2008 to OCT 2008 while still I have valid AAA VISA on my passport.

The consulate officer gave me a query under 221g when I went for visa with new papers of BBB PETETION and stamped CANCELLED WITHOUT PREJUDICE on my previous expired visa..
After 1 year I got below mail saying 1 year has elapsed and they could not process my case under 221 g.But,they no where mentioned that my visa has been rejected or refused .Instead,they asked me to apply for new visa by paying MRV fees and take visa appointment online.

So in this case if I come to US on B1 visa can I transfer to H1B with out coming under H1B cap ????
I was in USA for just 20 months(I didn't use my 6yrs period on H1B visa).My first visa I got in 2006 oct so its only 5 yrs now...

Please suggest me will I come under H1B cap or I can trasfer from B1 to H1B with out Cap related Problem given the scenario?

[shervin143]

H1B CAP is valid or 6 years. Calculate all the time that you have spend in U.S in H1B status and subtract that from the 6 year period. If you apply a new H1B using the old CAP, that is duration that you will get.

It is never advisable to enter U.S in B1/B2 and then file a COS to H1B. You will end up facing a lot of questions when you attend the visa interview the next time. Also, the chances of a COS from B1/B2 to H1B is less. The best option is to get the H1B petition approved (premium will get you a result in 15 days), attend the visa stamped again 9as suggested by the consulate) and enter U.S in H1B visa.

[moony6676]

Thank you just one more question please

Hi Bro,

Thank you very much for your reply!!!

I have CANCELLED WITH OUT PREJUDICE on my old visa..

Now when I am booking appointment for B1 visa,there is a question like

HAVE YOUR VISA EVER BEEN CANCELLED OR REVOKED??

so what should be my answer YES or NO.

Does CANCELLED WITH OUT PREJUDICE on my old visa..come under CANCELLED or REVOKED status or something else they are asking.

[shervin143]

You can answer NO.

Hi Bro,

Thank you very much for your reply!!!

I have CANCELLED WITH OUT PREJUDICE on my old visa..

Now when I am booking appointment for B1 visa,there is a question like

HAVE YOUR VISA EVER BEEN CANCELLED OR REVOKED??

so what should be my answer YES or NO.

Does CANCELLED WITH OUT PREJUDICE on my old visa..come under CANCELLED or REVOKED status or something else they are asking.

[moony6676]

Hi Bro

somebody gave me below answer


Select Yes for Canceled and write canceled without prejudice in the details section. It will not affect this Visa application.

you gave me as ANSWER NO

what should i do???

[shervin143]

Talk to VFS helpdesk.

somebody gave me below answer


Select Yes for Canceled and write canceled without prejudice in the details section. It will not affect this Visa application.

you gave me as ANSWER NO

what should i do???

[moony6676]

Hi Bro,

Thank you for the suggestion..