Hi, my visa stamp will expire oct 2013. I have changed my employer and wonder if it is helpful to go for stamping while old stamp is valid. But In case my new visa is denied can I still enter USA based on old visa?
Its always a risk. The consulate can of course also deny the new visa and than your existing visa may be cancelled by them. You only need the visa for travel purposes. Therefore, unless you really need it, you must always carefully consider whether you must absolutely travel since you can be stuck overseas due to administrative processing or simple denial. Its always risky dealing with the irrational consulate overseas and also there is no appeal and very little can be done.
I agree with my colleague. Nothing in immigration is ever risk free.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
2 lawyers agree
No reason to apply for new visa during the validity of current visa. If new visa is denied, in most likely the old visa will also be voided.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.