Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

An invitation to a second interview is definitely not something I have seen reported in this group before. So all the best.

jools

Re: Applying for work visa with previous arrest for CIMT
 

Yes, as long as you are applying under a non-immigrant working visa category, e.g. H-1B, L, O etc.

Visas in the EB category are immigrant-based visas, for which few if any waivers for CIMT are available I believe.

jools

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi both,

My previous response to this question:

>I did the same thing for my last application. I previously had a 5 year C1/D which I need for work and my most recent one issued in 2024 was only for 2 years, so I applied for a new one last year, 1 year after it was issued, giving it 1 year for the waiver process for the new one so I >would hopefully not be without a visa and work for any significant amount of time when my current visa expires later this year.

>I had researched this beforehand and read on the embassy website that it was possible to apply for a new visa before the current one expired.

>At the interview they were initially confused as to why I was applying so early but I just explained that the waiver process would take approx 12 months and I required the visa for work so wanted to avoid a gap without one.

>I can see them cancelling your existing visa if the new one will be issued straight away (without a waver requirement) but in our case I think they were incorrect in saying initially that they would have to cancel your current one.

At my interview there was no question of them cancelling my current visa and the only info I can find on this is that they are required to do this if the visa is issued straight away, as you cannot hold 2 of the same visas, which makes sense - however not in the case of a waiver reccomendation - so I think when they have cancelled previously on waiver recommendations they have been mistaken and this has been an error on their part - just my opinion and if I remenber correctly I had called the embassy to verify this before my appointment (as well as online searches) so you could also give them a call for peace of mind.

Hope this helps.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Re my earlier post on the cancellation of my existing visa.
My interview went very smoothly and just as the CO was about to conclude the interview she had the cancellation stamp in her hand and above my passport. She casually mentioned that they would have to cancel my existing visa. I immediately said I would withdraw my application and was told that this was not possible and it was standard procedure. I started to explain I had existing travel plans etc.At this she said she would check with someone else. She went away and after a while came back and said that her superior has said in view of the processing time for waivers they would not cancel the existing visa .It was made very clear that this was standard procedure to cancel any existing visas.
When I applied for a previous visa (when the processing time for a waiver was a few months and my visa had three months to run) the CO actually praised me for thinking ahead and applying when I did..When I did send my passport for visa issue the old visa was stamped "cancelled without prejudice".

I can only think that maybe the CO was new in post and was not fully up to speed on the issue of waiver processing times and when she checked she was given more up to date information.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Thanks both - I will contact the embassy in the first instance. It's a balance of risk but if they can confirm they won't cancel my visa on recommendation of a waiver I will get an appointment later this year.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I’m really confused too but thanks anyways.