H1B Visa


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pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 29-08-07 09:25:26

Quote:
Originally posted by cdn_dude
The officer clearly did not know what he was talking about (it happens many times

Sure, it happens many times.
But in this case, I have to say that the officer was correct and knew exactly the right thing to do.
Quote:
Dimple's and Pratik's experiences are rare and mostly one of the visas will be cancelled at the POE or at the consulate. Two types of visas will rarely be issued - mostly by mistake of the visa issuing authority - because MOST OF the US visas are single intent!!!!!
You are again confusing status and visa.
You can have only one status at a time, but any number of visas of different types.
What you are stating here does not make any sense.
Why can't I have different types of visas for different purposes - each visa category has a specific purpose.
I can enter a country for any number of reasons - are you saying that every time I have to enter the US, I have to get a new visa?
Although my personal experience is from several years ago, and things might have changed now, however, I would like to know the reasoning and the implementation behind such a rule change.
Someone can have a L-1 visa and a B-1/B-2 visa on the passport.
The L-1 is to be used when they go for work and the B-1/B-2 when they go for business/pleasure.
If your rule is true, then each time I apply for a visa, all previous visas get cancelled.
What that would mean is that I have to apply for a visa each time I visit for a different reason.
That would be nuts - but maybe that's the way things are now :)


-----------------------------------------------------------------
"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."

-- Rhett Butler in "Gone with the Wind"


cdn_dude   
Member since: Dec 05
Posts: 942
Location:

Post ID: #PID Posted on: 29-08-07 11:41:23

Pratik, I respect your opinion, but I still stand by my opinion and my information. Yes, you normally have only one valid visa type at a time, for example: you cannot have L1, B1, H1 and TN at a time. Every time you enter the US, it takes precedence on your previous status (and yes, most cases, it takes precedence over your previous visas). Therefore, they cancel your visas ("cancelled without prjudice" ).

You are correct in saying that "this is nuts", but unfortunately that's the way it is. Again, I understand that you have your own experience, which was unique. Things have not changed recently, I have seen this in early 90s.


Quote:
Originally posted by pratickm

Quote:
Originally posted by cdn_dude
The officer clearly did not know what he was talking about (it happens many times

Sure, it happens many times.
But in this case, I have to say that the officer was correct and knew exactly the right thing to do.
Quote:
Dimple's and Pratik's experiences are rare and mostly one of the visas will be cancelled at the POE or at the consulate. Two types of visas will rarely be issued - mostly by mistake of the visa issuing authority - because MOST OF the US visas are single intent!!!!!
You are again confusing status and visa.
You can have only one status at a time, but any number of visas of different types.
What you are stating here does not make any sense.
Why can't I have different types of visas for different purposes - each visa category has a specific purpose.
I can enter a country for any number of reasons - are you saying that every time I have to enter the US, I have to get a new visa?
Although my personal experience is from several years ago, and things might have changed now, however, I would like to know the reasoning and the implementation behind such a rule change.
Someone can have a L-1 visa and a B-1/B-2 visa on the passport.
The L-1 is to be used when they go for work and the B-1/B-2 when they go for business/pleasure.
If your rule is true, then each time I apply for a visa, all previous visas get cancelled.
What that would mean is that I have to apply for a visa each time I visit for a different reason.
That would be nuts - but maybe that's the way things are now :)



pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 29-08-07 11:50:14

Quote:
Originally posted by cdn_dude
Pratik, I respect your opinion, but I still stand by my opinion and my information. Yes, you normally have only one valid visa type at a time, for example: you cannot have L1, B1, H1 and TN at a time. Every time you enter the US, it takes precedence on your previous status (and yes, most cases, it takes precedence over your previous visas). Therefore, they cancel your visas ("cancelled without prjudice" ).

I detect again the same confusion betwee visa and status.
It is not only possible, but quite common, to have more than one visa of different types.

It's not just me - I have witnessed scores and scores of friends, colleagues, associates, acquaintances, etc. having the same.

The cancelled without prejudice is usually done when issuing visa of the same type i.e. getting a new one while the previous one is still valid.

You will have status only once you enter the US - and that status is determined by the purpose of the visit.
Your status will be indicated on the I-94 and will usually match the visa you used to enter.

That said, you may be right that these days they cancel all previous visas.
If that it indeed true and is happening fairly regularly, then it must be since 9/11 and the ensuing DHS regulations, most of which are illogical, exploitative and unreasonable anyway.

I will also agree with you that the OP should not bet on not having the B-1/B-2 getting cancelled once he applies for H-1.

He should wait until he gets his passport back before making any plans.

But cancelling all previous visas every time a new visa is issued just doesn't make sense still :confused:


-----------------------------------------------------------------
"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."

-- Rhett Butler in "Gone with the Wind"


Candy1   
Member since: Aug 06
Posts: 20
Location:

Post ID: #PID Posted on: 29-08-07 13:31:02

Thanks all of you for guiding me. There is still some doubt about my question-1.

To avoid any problem, I am thinking of applying for the H1B visa after my scheduled trip in October. I want to keep my B1/B2 visa for this visit atleast. I don't know what will happen for future visits.

Thanks again for all your guidance.



cdn_dude   
Member since: Dec 05
Posts: 942
Location:

Post ID: #PID Posted on: 29-08-07 16:41:44

Quote:
Originally posted by pratickm

The cancelled without prejudice is usually done when issuing visa of the same type i.e. getting a new one while the previous one is still valid.




Why would someone apply for a new visa if the previous visa of the same type is still valid? Does not make sense!



pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 29-08-07 16:51:41

Quote:
Originally posted by cdn_dude
Why would someone apply for a new visa if the previous visa of the same type is still valid? Does not make sense!

In some cases, it does.
Esp. for H-1B and L-1 and an employer change.
I have done this a couple of times and so have many others.

It gives you a couple of benefits, such as correct employer annotation on your visa, the correct expiry date on the visa, etc.

I can try and dig up other scenarios as well that make sense, such as certain types of student or co-op student visas.


-----------------------------------------------------------------
"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."

-- Rhett Butler in "Gone with the Wind"


raajen   
Member since: Sep 03
Posts: 434
Location: Canada

Post ID: #PID Posted on: 05-09-07 16:59:55

Hi Candy1,

Lastweek, we got L1 visa stamped in Toronto Consulate. They didn't cancel the B1/B2 visa. So now we have both the visas in our passport.

Hope this helps.



Contributors: pratickm(9) cdn_dude(7) Candy1(6) dimple2001(3) raajen(2) guptamik(2) AshwaniG(1)



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