Travel and convert H1 to H4 in Home country

[smartsmart]

My wife came to usa for the first time on H4 Visa in 2012 and we applied for h1b and converted to h1 in usa last year and would need to go for stamping once we leave the country.

1 .Instead of going for h1b stamping ,can she directly go for H4 stamping with my paperwork (am also on H1B) if we decide just to come back on H4 and not work after coming back?We dont have enough time now to file for I539 COS to convert her to H4 in USA and then travel as we are travelling in next 10 days.Will there be any issues when she goes to consulate?

2 .If she goes for H1B Stamping,say there is any administrative processing/query etc on her petition,Can she go for H4 Stamping immediately and come to USA?

3 .If she comes to Usa on H4,Can we convert back to H1 if she wants to work down the line?

[jairichi]

1. No issue for her to apply for a H4 at US consulate.

2. No. She will be asked to withdraw her H1B petition first and then only to apply for H4 visa.

3. Yes, provided she has not utilized her 6 years stay on H1B status. An employer has to file a cap exempt H1B petition with COS.

[smartsmart]

Thanks for your reply.Just wanted to know in case if she goes for H1B stamping and if there is any query ,then how to withdraw that petition?How long does it take and what is the process to do that?

[jairichi]

Thanks for your reply.Just wanted to know in case if she goes for H1B stamping and if there is any query ,then how to withdraw that petition?How long does it take and what is the process to do that?

To withdraw she has to contact consulate and give in writing that she is withdrawing her application.

[jairichi]

It is immediate.

[smartsmart]

Thanks everyone for your help.My wifes H4 got stamped.