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  • Cancelled without Prejudice

    Hi,

    I have a question and need your help here.
    I came to US in 2008 on –> F1
    Did my MS —> 2008-2010
    Got a Job in —> Oct 2010
    Got H1 approval —> July 2011
    Came to India for Stamping and got first 221(g) —> 13th Feb 2012
    Company provided all the documents, yet got another 221(g) –> 19th March 2012.
    Now I have decided to come on H4.

    I had one question regarding the DS-160 filling for my H4. When I had gone for my H-1B interview, I still had an existing and valid F1 visa (expiring in 2014). During the interview the VO had marked that visa as “Cancelled Without Prejudice” stamp. Should this be considered as a cancellation?

    Now I am filling a new DS-160 application for H4 visa. There’s this one question in DS-160 which asks: “Has your US-Visa ever been cancelled or revoked?”

    What should be the answer?
    Also does the 221(g) for H1, affect my chances of getting H4?

    Please help!

  • #2
    You can write that as canceled and explain as canceled without prejudice in the explanation section.
    Also, 221g counts as a denial, so you have to also mention that as Visa application denied.

    None of the above will affect your H4 application.
    This is my opinion and not legal advice.

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