Need information regarding Cancel without Prejudice stamp on H1 visa

[annygv]

Hi,

I have H1B visa provided by my employer. I was in US for 2 years and while coming back to India, I applied for H1 extension. Now my H1 is extended till Jan 2014. However, I still haven't got my stamping on H1 extension. Meanwhile, I have to travel to US for a 3 weeks vacation so I applied for a tourist visa and I got 10 years multiple entry tourist visa. Now my visa agent said that once I reach US, at the time of my immigration check in US, the officer may put a stamp of "Cancel Without Prejudice" on my H1 visa. Is that true? Does that mean once he puts that stamp on my H1, I will lose my H1 and my employer will have to reapply for my H1 visa? Is there any way I can convince the immigration officer not to do so?

Any help will be much appreciated as I am leaving for US in next week.

Regards,
Anny

[shervin143]

Usually, they don't cancel the visa at the POE. They do that only at the consulate. When you applied for B1/B2 was your H1B visa gpt stamped with CWOP? If not, then both the visas (H1B and B1/B2) in the passport are valid and you need to make sure that you show the B1/B2 while entering U.S and the I-94 that you get is associated with B1/B2 and not with H1B. Even if the H1B visa in the passport gets cancelled with CWOP at the POE (very rare chances of that happening), the H1B petition still remain valid. But to travel in H1B status, you need to get the H1B visa stamped at the U.S consulate using the extended H1B petition.