H1B Stamping - document and passport taken for review and B1 Cancelled

Hello Everyone ,

I went for the H1B visa interview today at the delhi consulate . Please find below the experience :

1) First Question was have u been to US before .I said yes , then he came back to me and said what were you doing there for five months ? I told him I was taking KT , then he said I am not convinced and told me to wait a second .He came back and told me that he has cancelled my B1 Visa .
After then he told me now we we will start your H1 process .He asked me few question what is your role , company profile , no of people working in US , who is the client, where were you staying on B1(hotel or apartment) -I told him apartment and then he asked me were you sharing the room also – i told him no , then he asked me H1 salary , b1 perdium . project information . I told the answers for all the questions .Finally he asked for I129 , contract with client, Statement of work , and client letter .He went through all of them and finally told me – I am keeping your passport and all the document s, will review all of them once again .

Can you please tell me now what will be step further and what are the various possibilities that can happen ?

Is it possible to file a B1 Visa again 

Warm Regards,

Ashish, I am also on same boat like you. I stayed for almost 6 years in US on h1. After that i stayed 1 year out of us. This one is my new h1 petition. My h1 visa interview was on XX-Oct-12 at Delhi. VO took our passports, all the original documents (I-797(old 3, new one), I-129,passports,original experience letters(both my us experience and Indian experience). VO said they wanted to verify all the information and will come back. When I asked about how much time it will take, she smiled at me and didn’t answered the question. It’s already 4 weeks passed. I am not sure what’s going on. Please update here if you have any update and same will I.


Sure Surat … If I get any info , I will update the same .

Ashish, I am also not convinced that you have not worked on B1. You have misuse the B1 by working here… I am sure our embassy will not leave it… I have some idea about the US embassies and I know they can go to any extend. Don’t think of even applying for B1 again. Hope for H1…

Hi Sam ,

I seriously have not worked on B1 .Staying on 5 months does not mean that one has worked on B1 .My company got a new project and the project is huge . I need to understand the complete business needs of the client and there was more than 50 current applications that will be integrated into a new application that we are building .Also they are more than 20 modules that will be developed for the first time . I would say even after staying for 5 months also , there were few KTS that were missed out .

Also I got I94 for 6 months and I didnt break any of the rule . It was my bad luck that consulate didnt listen to me and just seeing that I stayed for 5 months , he cancelled my Visa .No regrets , It was part of my destiny .

Hoping best for the H1 visa .

Surat Did you got any reply or updates from embassy ?

I got my H1 today but my B1 was cancelled with stamped as “cancelled without prejudice” .Can somebody explain me the implications/meaning of the work “Cancelled without prejudice”


H-1 is a dual intent visa and B-1 is a pure non-immigrant visa. So at times they cancel the B-1 when approving the H-1 visa. It is a non-harmful cancellation. You can continue to use your H-1 but can no longer use this B-1 visa stamp (you will have to go for another B-1 stamping if you have need to use and travel on B-1).

Thanks Saurabh for the information …