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Nandini P. Nair is a US Immigration
Attorney based in New York, USA.
E-mail: dininair@aol.com
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US immigration attorney Nandini P Nair explains
what happens when a visa is ‘cancelled without prejudice’
I have a query regarding the term “cancelled
without prejudice.” What does this actually mean? My visa was
cancelled using this statement. Kindly clarify if I have to mention
this cancellation whenever I apply for a visa the next time. I would
be grateful for an early reply.
—Ravi Saluja
“Cancelled without prejudice”
means that your visa was cancelled for a valid reason, not for fraud
or some illegal reason. Whenever you are completing the visa forms
you should state that the visa was cancelled, but without prejudice,
and give a small explanation as to why it was cancelled. You should
not face any problems, bearing any other circumstances.
I am from Chennai, India. My H1-B is being
processed. My employer has paid $1130 to the INS for processing
the visa. Is it the normal fee or does it include the additional
$1000 for speedy processing? I have read in your recent column that
if the employer pays an additional amount of $1000, the INS will
reply within 15 days, that is either approve/ send a query. Hence
this question. Please confirm.
—SP Jankiraman
The regular processing fee is $1130, so
your employer needs to pay an additional $1000 for premium processing.
I went to the US in January 2003, on an
F1 visa, for a study programme. It was a short programme for four
months. However, I had been issued a visa till January 2005. I completed
the course in April but stayed on till June, 2003. I am getting
a job with a US-based organisation. Please let me know whether I
can enter the US on the same F1 visa while waiting for my H1-B to
get processed.
—Sukanta Ghosh
No, you cannot enter the US on the F1 visa
since you are no longer on a F1 student status. The company, which
is sponsoring you for the H1-B, has to get the application approved
and then you will have to go to the closest US consulate for your
H1-B visa processing.
I am currently in India since August 2002.
I was on an H1-B visa, which is valid till January 2004 (full six
years). I did not apply for a green card while I was in the US.
I am planning to return to the US within a couple of months. Initially,
the rule was that you need a one-year gap between the previous and
the new visa (for three years). Is the rule still the same?
I want to go on a new visa so that I can
apply for a green card. I don’t know whether my employer has
cancelled my visa. Before I returned to India, I had told him to
cancel it. Can you tell me whether I have to wait till 2005 to apply
for a new visa or can I apply for a fresh visa in 2004?
—Shishir Dua
The rule is that if you have completed
six years on an H1-B, you must wait out one year outside the US
to be eligible for applying for another H1-B visa. In addition,
it does not matter whether your employer has formally cancelled
your H1-B petition with the INS. Upon termination with the employer,
your H1-B status in the US had ended. Thus, you cannot come back
to the US unless the same employer or a new employer sponsors you
again for an H1-B. You can apply for a new visa if you have not
completed six years on the previous H1-B.
Nandini P Nair is a US Immigration Attorney
based in New York, US. E-mail: dininair@aol.com
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