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Can I re-apply for H1B o same petition as my H1B cancelled without prejudice

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  • Can I re-apply for H1B o same petition as my H1B cancelled without prejudice

    Dear All
    I need your help on urgent basis. I have H1B stamped on my passport in April 2011. As my project was delayed in US so mean while I wanted to see my friends in US then I applied for visit visa and my visit visa approved but went under administration. After two months embassy sent me email that submit your passport for stamping. I submitted my passport to US embassy Abu Dhabi. Meanwhile my company sent me email confirmation about the project that it has been started and I have to in US before 16th of June. But unfortunately, once I get back my passport my H1B was cancelled without prejudice and Embassy said to me that you need to re-apply for this visa. Now I am very much frustrated and worried because I have very limited time and also I dont have resident visa of UAE now. So please guide me that can I apply from my home country for the same visa and how much the chances of re-stamping ? I will be very thankful to you.

  • #2
    You can apply for home country using the same petition.
    This is my opinion and not legal advice.

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    • #3
      How much the chances of getting back ? Secondly if I ask for second company to send me petition so my cap will be counted again ?

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      • #4
        Yes, another company can file cap-exempt petition, because you are already counted under cap.
        This is my opinion and not legal advice.

        Comment


        • #5
          Thank you . Do you have any idea that why did he cancelled my H1B? As i went to embassy to collect my passport and they asked me to come inside and then they gave me passport without stamping of my B1 even it was approved. They are saying that you resign from your current company so we cannot even give you B1 so you need to apply again. Now i m very much confused that they did not give me any visa and what will be the reason. They kept my passport for almost two months in embassy and during this period i sent them more than 7 emails but they did not reply.

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          • #6
            Have you resigned from the company for which you were going to make the business trip? If so the reason for the business trip no longer exists and hence they decided to not issue the Visa.
            This is my opinion and not legal advice.

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            • #7
              Thanks for giving me information.

              I did not resign the company for which i m going to make a business trip. I resigined from here UAE . And I am going to United states . Even I did not join that company in USA then how can I resign from that company? I said to them while collecting my pasport that I resigned from the company here in UAE and you are cancelling my visa for USA. They said re-apply for both visas again if you want. Anyhow, if i apply then what are the chances for getting H1B again?

              Also please tell me that

              1- if i go to USA on b1/B2 visas then can i changed my visa to H1b again on same petition ? and

              2- Also i have Canadian Visit visa so Can i go to Canada to stamp my H1B again?

              3- USCIS sent my petition detail to UAE embassy Abu Dhabi in 2011 and then I applied from here and I got H1b visa and later unluckily , my H1B was cancelled so now can i apply from my home county on same petition as on my petition embassy name mentioned is Abu Dhabi ?
              Last edited by Rizkiani82; 06-03-2012, 06:56 AM.

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              • #8
                s

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                • #9
                  Please reply. I am waiting....Thanks

                  Thanks for giving me information.

                  I did not resign the company for which i m going to make a business trip. I resigined from here UAE . And I am going to United states . Even I did not join that company in USA then how can I resign from that company? I said to them while collecting my pasport that I resigned from the company here in UAE and you are cancelling my visa for USA. They said re-apply for both visas again if you want. Anyhow, if i apply then what are the chances for getting H1B again?

                  Also please tell me that

                  1- if i go to USA on b1/B2 visas then can i changed my visa to H1b again on same petition ? and

                  2- Also i have Canadian Visit visa so Can i go to Canada to stamp my H1B again?

                  3- USCIS sent my petition detail to UAE embassy Abu Dhabi in 2011 and then I applied from here and I got H1b visa and later unluckily , my H1B was cancelled so now can i apply from my home county on same petition as on my petition embassy name mentioned is Abu Dhabi ?

                  Comment

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