Got 221g white as one of previous visa was cancelled without prejudice

USA H1B Visa
1

Hi,

I attended interview at Delhi and in Ds-160 form I did mentioned that my B1/B2 visa was cancelled without prejudice. VO inquired about it and issued me 221g white form without asking any further documents. Question:

  1. Some of the forums mentioned that if visa is cancellend without prejudice then I need not to mention it. Is that true?

  2. VO told me to wait for two weeks time and took my passport and i797. What are chances?

Thanks

2

  1. Yes, as that visa was not refused or rejected you need not mention it in DS form. However, I don’t think this would have triggered the 221g.

  2. No one can guess. You will have to wait.

3

Thanks for your reply Saurabh.

There is one specific question in DS-160 which asks Has your US visa ever been cancelled or revoke?

I guess its different from refused. BTW there is separate question in DS-160 asking if Us ever been refused etc. which I answered no.

Apologies for my limited knowledge but in case if I don’t mentioned it the way I did…dont you think it could have assumed hiding a fact as technically visa was cancelled!

Thanks you so much!

4

I see your point. You are correct in mentioning Yes to that question as it’s better to err on the side of caution. Still I don’t think it would have been the cause for 221g. Have they asked for any documents from you?

5

No documents asked. At the time of interview she asked couple of regular questions which I answered and she suddenly stuck on my previous visa [B1/B2] cancellation and she asked if it was cancelled bcoz I overstayed!! I told her that its cancelled without prejudice [It was cancelled when hyd consulate issued me L1].

Just to give you background; I used only L1 visa to enter US and later got COS to H1. So I actually maintained my status in US only on L1 and H1. And as far my knowledge is concerned even in petition you supposed to mention beneficiary’s previous stay in US [If any!] and on what type of Visa. No sure if she referred to that info else she would know that B1/B2 was never used by me.

But she wasn’t convinced and and told me to go to another window and wait for instructions. Finally I got 221g white form Indian staff who crossed it [no further documents required], wrote case number took my passport and i797 and told me that it’ll take two week to conclude this process.

Now its almost a week and no status update so far and no communication.

Fingers crossed!!

6

They might be doing check to ensure B-1/2 wasn’t misused. They are coming down heavy on B-1/2 visa users and often closely scrutinize it when person stays in US for several months or overstays.

It seems you never made use of that B-1/2 visa. So in the end, the decision may be in your favor.