skumar221

Hi,
I recently came for a 2 week trip to Delhi and applied for H1B re-stamping. Unfortunately, they put my application under Mantis security check.

I have already waited for more than 2 weeks with no news from the embassy. Interestingly, my current H1B stamp is still valid for another 5 months.

I have decided to withdraw my restamping application and travel to US on my current visa stamp. I have written emails to the Embassy in this regard with no result. I am planning to visit the embassy next week,

Has anyone gone through the ordeal of withdrawing the visa application? What is the procedure? Does the embassy or Department of State entertain withdrawal requests promptly and return the documents along with passport immediately?

Thanks,
Sudhir

AdobePinon

Your existing H1 stamp was for another job though. I don't know that it is still valid.

Folinskyinla

Hi:

What difference does that make?

skumar221

The stamp is still valid. It is permitted to enter US using the valid H1B stamp from the previous employer and new I-797 from the new employer. You have to make sure that I-94 is made with an expiry date of new I-797. I am quite confident about that and that's hardly my concern.

My concern is about the ongoing Mantis check or so called "administrative processing"

- If I can withdraw my restamping application from the embassy without getting my current visa stamp cancelled?

- If this Mantis check is not going to cause the problems at the port of entry?

Thanks,
Sudhir

ian-mstm

The officer initiated the Mantis check. Whether he needed to or not is no longer the issue... the check has been initiated. It will show up somewhere... and if it's not cleared, you may have problems.

Ian

Folinskyinla

Hi:

There is an old adage that "Possession is 9/10's of the law." They have your passport. Take a look at 22 CFR 41.122 and the appropriate "note" and "procedural notes" in 9 FAM [which can be found at Travel.state.gov and then drilling down].

Although canceling a visa takes some effort, do note that Consular Officer's CAN make a computer entry on a provisional basis.

Out of idle curiosity, did you consider one of the Canadian posts before leaving for India? Since your visa was still valid, it may have been a "no harm, no foul" if refused.

I really don't know the answer, but this one would scare me. I suggest you get in contact with a lawyer with visa experience in this. I would recommend Allan Kaye in New York.

Good luck.

AdobePinon

I thought that they were tied to specific employers, but, hey, I'm not the attorney here.

Folinskyinla

Hi:

Yes, the PETITION is tied to a specific employer. You need an approved petition to get the visa in the first place. You then need an approved petition on subsequent admissions. Other than the first admission, the petition used at admission need not be the same as was used to obtain the visa.