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A very important question regarding holding two visas at once!(Urgent).

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  • A very important question regarding holding two visas at once!(Urgent).

    Hello, everybody. How are you? I hope you are all well.
    In a few days, I'll begin the process of renewing my Passport in order to acquire a Non-immigrant Visitor Petition/Visa because I'll be going to the USA this August 2016, and as far as I know, it is valid for up to 5 years maximum or 2 years minimum. However, within the up-coming two years, more specifically in early-mid 2018, I'll be applying for an Immigrant Permanent Worker Petition/Visa (EB-3) Professional. Presuming that the former Visitor Visa does not expire in 2018, can I still apply for the latter (Permanent Worker Petition/Visa EB-3) at the same time whilst holding the older/former one? Or do I have to change the status/category? Keep in mind, when I apply for the Permanent Worker Visa, I'll not be in the USA, I'll be here in my home country - because I know If I were inside the USA then, I'd have to begin an 'Adjustment of Status', but what about my situation; being in my own home country while I apply for Immigrant Permanent Worker Petition/Visa?
    However, I do know that before a petition gets approved it's just a petition. Once it's stamped on your Passport and approved, then it's genuinely called a Visa.
    To sum it up: Can I have two different Visas/Petitions which belong to distinctly different categories at the same time, while I'm outside the USA then only use one of them for entry, even if the first Petition/Visa is still valid?

    A detailed help would be much appreciated!

    Thank you!
    Last edited by Kareem101; 03-30-2016, 04:48 PM.

  • #2
    You can have two different non-immigrant visa types, but not both nonimmi and immi together. A permanent visa based on an eb3 petition will invalidate/supersede any existing nonimmi visa.

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    • #3
      Originally posted by daggit View Post
      You can have two different non-immigrant visa types, but not both nonimmi and immi together. A permanent visa based on an eb3 petition will invalidate/supersede any existing nonimmi visa.
      Aha, I see. So once I obtain the Permanent Worker Visa, the Visitor Visa will longer be valid. That's alright with me. I was just concerned about not being able to petition for a Permanent worker visa while I still have a valid Visitor Visa, as If I have to wait for it to expire by itself reaching a specific date or that I have to go through a process similar to 'Adjustment of Status'.
      So, are you sure that I can apply for an EB-3 while owning or having an unexpired Visitor Visa while I'm outside the USA?
      Sorry for asking too many questions, I just want to be sure as I'm working very hard to be a Permanent Worker in the USA in the very near future by 2018.
      Last edited by Kareem101; 03-30-2016, 07:12 PM.

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      • #4
        Originally posted by Kareem101 View Post
        Aha, I see. So once I obtain the Permanent Worker Visa, the Visitor Visa will longer be valid. That's alright with me. I was just concerned about not being able to petition for a Permanent worker visa while I still have a valid Visitor Visa, as If I have to wait for it to expire by itself reaching a specific date or that I have to go through a process similar to 'Adjustment of Status'.
        So, are you sure that I can apply for an EB-3 while owning or having an unexpired Visitor Visa while I'm outside the USA?
        Sorry for asking too many questions, I just want to be sure as I'm working very hard to be a Permanent Worker in the USA in the very near future by 2018.
        Yes. you are fine. Whenever you'll be granted an Immigrant visa, they will cancel your non-immigrant visa by putting a stamp "CWOP" on it, which means "Cancelled without prejudice".

        Best of luck for your both the visas.
        - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

        If my opinion helping you, then please do click "like" button below.

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        • #5
          Originally posted by Libra_14 View Post
          Yes. you are fine. Whenever you'll be granted an Immigrant visa, they will cancel your non-immigrant visa by putting a stamp "CWOP" on it, which means "Cancelled without prejudice".

          Best of luck for your both the visas.

          Thank you all very much!

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          • #6
            Just one more thing, slightly off topic.. please avoid using the 'urgent' label for something that's months and years down the road.

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