H1B stamped CWOP during H4 stamping, but H4 approved. Need advise


gauben

Recommended Posts

Hi,

need some advise on what to do

I held an approved H1B visa which was valid for another year from Today(only used for 2 yrs)

I have traveled and stayed in US on the same visa

I also hold an active US B1/B2 visa

Last year, I came back to India, Got married, we had applied for a

spouse Visa H4 which was issued without any problems

My wife had carried my passport along with hers to the Mumbai Bandra BKC US

embassy,India during her visa procedure formalities.

However it seems the Visa officer accidentally put a "Cancel without

Prejudice stamp on My H1B visa" even though my spouse visa was issued.

It could be that he may have wanted to cancel my B1/B2 visa But instead the

H1B visa got stamped as cancelled.

I am not sure what are the steps to be followed now.

I have to travel urgently again due to my work and am unable to do so

because of this.

Kindly help me understand what are the steps to be followed to rectify this

mistake by the embassy.

Also an answer to the below questions would indeed be helpful.

1) Does my H1B Stand Cancelled or is it still active. If active , will only a new stamping suffice or we have to start from square one with a new petition.

2) Does my spouse's H4 stand cancelled as well. Does she have to undergo stamping again as well ?

3) if a new visa page copy is to be issued, what are the steps for same and

how long will the procedure take.

At the moment i have contacted and registered a case with the embassy helpline number

Appreciate any advise/help on same.

Can I directly walk In to US embassy in Mumbai and present them my dilemna ?

Link to comment

Your wife shouldn't have brought your pp with her. Copy of your visa would be enough. In my view, her H4 is still stands good, but she can only use it if you are present or intend to present in USA on valid H1b visa. Better to call to embassy and ask why did they cancel your H1b?

Link to comment

Archived

This topic is now archived and is closed to further replies.