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old h1b cancelled with out prejudice and wait for 30 days for new h1b in passport

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  • old h1b cancelled with out prejudice and wait for 30 days for new h1b in passport


    I went to Chennai embassy for h1b stamping today(may 4th 2009).
    I have a visa valid up to march 2010. Old employer revoked that visa.
    I went to embassy for new employer visa stamping in my passport.
    After many questions, Visa Officer did "Cancelled with out prejudice" on my old visa. He told that I will get my passport in 30 days by courier. They said they have to do investigation of the employer in the employer data base?

    Does it mean that my visa approved?
    Why they are taking 30 days? I said VO that i have to go U.S. in 10 days. I can go U.S. with old visa and new I797. I unnecessarily went for stamping.
    I am really confused whether i will receive passport with visa or no?
    Is the delay due to PIMS?
    Since i dont have photocopy of i797, VO took my original i797

    Please give your suggestions.

    Last edited by rakeshreddy; 05-04-2009, 02:02 PM.

  • #2
    This is not PIMS delay. The delay is exactly what they said "investigation of the employer in the employer data base".

    Since your old employer revoked your petition, you may have problems at PoE so better to face it when you are visiting your home country than at PoE detention.


    • #3
      Hi Orion,

      I travelled to U.S. four times during the past one year. I never had a problem at the port of entry with the revoked visa. I always carried current i797.



      • #4
        Originally posted by rakeshreddy View Post
        I unnecessarily went for stamping.
        Lesson Learned, I guess. You have nothing to worry unless the new employer is shady. As you went for stamping when it wasn't needed, the VO might have suspected that you may have been out of status or your employer may have had a bad track record.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.


        • #5
          Hi txh1b,

          VO saw my recent paystubs, w2 forms, it returns and client letter. I think it is not out of status suspicion. I think they want to check whether the employer is legitimate or not.



          • #6
            my passport is awaiting PIMS verification. Do any body know how many days will it take for PIMS verification. Its been almost 20 days