H4 spouse of Conrad 30 to H1B - consular processing?


MNspouse

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Hello,

 

I'm a spouse of Conrad 30 doc, currently on H4 visa. I read that recently USCIS changed its interpretation of the rules and does not allow people in my situation to change status to anything other than H4, until the physician completes her 3 year service. However, I also saw somewhere (it may be that it was even somewhere on this page, but I can't find it now), that it only means that USCIS will not approve a change of status from H4 to H1B, but it does not prevent me from applying for H1B and setting it up for consular processing. So, I have a few questions.

 

1. Does anyone know if its true? In other words, can you get a H1B by simply electing consular processing over COS? (it almost sounds too good to be true:)

 

2. What are the risks of consular processing in this case? Specifically, what happens to my H4 status if, say USCIS approves the H1B petition and sends it to the embassy, and they refuse to give me the visa? Is my H4 still valid?

 

I'd appreciate any feedback!

 

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