Reentering US using old H1B stamp if current re-stamping application is under Mantis?
Feb 5th 2008, 5:19 pm
#1
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Joined: Dec 2002
Posts: 15
Reentering US using old H1B stamp if current re-stamping application is under Mantis?
Hello,
I am working in US on H1B visa.
Around 4 months back, I changed jobs from Company A to Company B with same job profile. In this process, I went through successful H1 to H1 transfer. Just 2 weeks back, I left US on an international trip to India. I also applied for new H1B visa stamp during this trip at New Delhi embassy although I still have the valid H1B stamp on my passport.
However, the visa interviewer just blindly put my application under Mantis security check as she felt my works falls under TAL (Technology Alert List). Now, I am stuck and can not go back to US as scheduled.
I have already waited for two weeks but have not heard back from the Embassy yet. I am thinking of canceling my application and fly back to US on the valid H1B stamp from previous employer and new I-797. I would make sure that the officer at port of entry gives me I-94 as per new I-797.
However, I am wondering if I can do so? Since the US embassy put my application under Mantis program and sought SAO (Security Advisory Opinion) under TAL from Department of State. Now if I ask them to cancel my application and return my passport and I travel on old visa stamp, would the officer at port of entry be aware of the ongoing Mantis check? If the system shows that security advisory opinion is sought on me, would he still let me in?
Please let me know the answers to above questions. If you guys can provide any links to published article in this regard on immigration law firm site or government site, that would be great.
Thanks,
Sudhir
I am working in US on H1B visa.
Around 4 months back, I changed jobs from Company A to Company B with same job profile. In this process, I went through successful H1 to H1 transfer. Just 2 weeks back, I left US on an international trip to India. I also applied for new H1B visa stamp during this trip at New Delhi embassy although I still have the valid H1B stamp on my passport.
However, the visa interviewer just blindly put my application under Mantis security check as she felt my works falls under TAL (Technology Alert List). Now, I am stuck and can not go back to US as scheduled.
I have already waited for two weeks but have not heard back from the Embassy yet. I am thinking of canceling my application and fly back to US on the valid H1B stamp from previous employer and new I-797. I would make sure that the officer at port of entry gives me I-94 as per new I-797.
However, I am wondering if I can do so? Since the US embassy put my application under Mantis program and sought SAO (Security Advisory Opinion) under TAL from Department of State. Now if I ask them to cancel my application and return my passport and I travel on old visa stamp, would the officer at port of entry be aware of the ongoing Mantis check? If the system shows that security advisory opinion is sought on me, would he still let me in?
Please let me know the answers to above questions. If you guys can provide any links to published article in this regard on immigration law firm site or government site, that would be great.
Thanks,
Sudhir
Feb 7th 2008, 2:28 pm
#2
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Reentering US using old H1B stamp if current re-stamping application is under Man
Hello,
I am working in US on H1B visa.
Around 4 months back, I changed jobs from Company A to Company B with same job profile. In this process, I went through successful H1 to H1 transfer. Just 2 weeks back, I left US on an international trip to India. I also applied for new H1B visa stamp during this trip at New Delhi embassy although I still have the valid H1B stamp on my passport.
However, the visa interviewer just blindly put my application under Mantis security check as she felt my works falls under TAL (Technology Alert List). Now, I am stuck and can not go back to US as scheduled.
I have already waited for two weeks but have not heard back from the Embassy yet. I am thinking of canceling my application and fly back to US on the valid H1B stamp from previous employer and new I-797. I would make sure that the officer at port of entry gives me I-94 as per new I-797.
However, I am wondering if I can do so? Since the US embassy put my application under Mantis program and sought SAO (Security Advisory Opinion) under TAL from Department of State. Now if I ask them to cancel my application and return my passport and I travel on old visa stamp, would the officer at port of entry be aware of the ongoing Mantis check? If the system shows that security advisory opinion is sought on me, would he still let me in?
Please let me know the answers to above questions. If you guys can provide any links to published article in this regard on immigration law firm site or government site, that would be great.
Thanks,
Sudhir
I am working in US on H1B visa.
Around 4 months back, I changed jobs from Company A to Company B with same job profile. In this process, I went through successful H1 to H1 transfer. Just 2 weeks back, I left US on an international trip to India. I also applied for new H1B visa stamp during this trip at New Delhi embassy although I still have the valid H1B stamp on my passport.
However, the visa interviewer just blindly put my application under Mantis security check as she felt my works falls under TAL (Technology Alert List). Now, I am stuck and can not go back to US as scheduled.
I have already waited for two weeks but have not heard back from the Embassy yet. I am thinking of canceling my application and fly back to US on the valid H1B stamp from previous employer and new I-797. I would make sure that the officer at port of entry gives me I-94 as per new I-797.
However, I am wondering if I can do so? Since the US embassy put my application under Mantis program and sought SAO (Security Advisory Opinion) under TAL from Department of State. Now if I ask them to cancel my application and return my passport and I travel on old visa stamp, would the officer at port of entry be aware of the ongoing Mantis check? If the system shows that security advisory opinion is sought on me, would he still let me in?
Please let me know the answers to above questions. If you guys can provide any links to published article in this regard on immigration law firm site or government site, that would be great.
Thanks,
Sudhir
I'm not sure, but I wonder if the ConOff has the power to CANCEL your existing visa? You might want to be careful on that.
