You are here:

Immigration Issues/B1 visa stamped and H1 Cancelled


I have attended Visa interview couple of days back I have gone for B1 visa stamping and i have got it but the problem is I have a H1 visa from company A and now i am in company B. While working in company A i have stayed in US for 3 months and i have 2 pay slips. i am back in India and joined in Company B. The problem is my H1 visa is "Cancelled without Prejudice".

1. What is ment by "Cancelled without Prejudice"?
2. Will i have any problem in future if my H1 is stated Cancelled without Prejudice?
3. if i travel on B1 to US and as my valied H1 petition till sept 2009 can i transfer it and work in US?
4. if the H1 visa is Cancelled will the H1 Petition also automaticaly cancelled?

Please advice.


Without prejudice means that you can reapply for an H1B in the future.  Thus, if your new company wants you to come to the US and work for them on an H1B they will have to apply for you.  If you already have an H1B petition pending with the new company that should be fine and the cancellation will not affect your new application.

Note, a B visa is a visitor visa and is temporary.  You should not use your B visa to enter the United States with the purpose of staying in the US and working an H1 when your application is approved.  This could be considered fraudulent entry and would could have negative consequences.

Good Luck
Mark Ashley

Immigration Issues

All Answers

Answers by Expert:

Ask Experts


Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

©2016 All rights reserved.