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Cancellation of existing L-visa while applying to new one if send to admin processing

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  • Cancellation of existing L-visa while applying to new one if send to admin processing

    Is anyone has the similar case?
    If I apply for new L-visa (based on existing approved 129S) while current visa is still active and my case is send to administrative processing, will they cancel my existing visa so I will stuck outside US for 1-3-6 months (officially it's now 90 days), or they can allow me to enter back to US and wait admin processing to be completed and then I can send my passport for stamping?

    Asking because searched in other forums that usually existing visa is cancelled immediately during interview process, but recently found few fresh articles where said that the existing visa shouldn't be cancelled based on recent DOS clarifications:

    According to the DOS, an existing visa will not be cancelled while a new application is pending administrative processing in a US consulate. However, the consulate will cancel previously approved, valid visas if ?derogatory information? emerges during review. Therefore, if someone plans to enter the US while their new visa application is held for administrative processing, the traveler can apply for admission into the US only if they possess a valid nonimmigrant visa. If a traveler utilizes a previously issued visa, then they must comply with the terms of that visa. For example, if an individual enters the US with a valid B-1/B-2 visa, they should not enter the country with the intention to work.

    According to the DOS, an existing visa will not be cancelled while a new application is pending administrative processing in a US consulate.


    I was unable to find that information at DOS or UCSIS sites so wonder if someone had the similar case (and in which embassy), so been given passport back and possibility to wait admin processing in US?
    In particular looking forward to hear about that in Canada?

  • #2
    Originally posted by anxc View Post
    Is anyone has the similar case?
    If I apply for new L-visa (based on existing approved 129S) while current visa is still active and my case is send to administrative processing, will they cancel my existing visa so I will stuck outside US for 1-3-6 months (officially it's now 90 days), or they can allow me to enter back to US and wait admin processing to be completed and then I can send my passport for stamping?
    It depends on VO & your situation. I've seen VO cancelling H1 or L1 visa if you apply for B1 saying you no longer working with that US employer.

    If you are applying for renewal, then I don't think they will cancel your existing valid visa - unless they are planning to reject your new application as well.
    - 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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