H1B-221G->H4 TRAVEL TO USA->THEN H4 TO H1

[krishna0304]

Hi Guys,

 

I attended H1B VISA interview ON Feb 2017 and got 221g saying required additional admin process.

Later my wife went to USA on H1B.

Now I am planning to go for H4 Visa stamping even though my H1B is under pending 221g state.

My questions:

->Does my H1B Pending petition would create a problem for H4 Stamping?

->If i got H4 Stamping once i go to USA can i transfer my H4 to H1 state and what is the risk behind it?

->If my H1B is revoked by USCIS once i reach to USA on H4 then would i eligible for CAP exception to file new H1B?

 

Thanks

krishna

[shekar11#]

On 5/17/2018 at 3:49 PM, krishna0304 said:

Hi Guys,

 

I attended H1B VISA interview ON Feb 2017 and got 221g saying required additional admin process.

Later my wife went to USA on H1B.

Now I am planning to go for H4 Visa stamping even though my H1B is under pending 221g state.

My questions:

->Does my H1B Pending petition would create a problem for H4 Stamping?

->If i got H4 Stamping once i go to USA can i transfer my H4 to H1 state and what is the risk behind it?

->If my H1B is revoked by USCIS once i reach to USA on H4 then would i eligible for CAP exception to file new H1B?

 

Thanks

krishna

1. Withdraw your H-1 petition before going for H-4 stamping.

2. Yes, you can transfer to H-1 once you are in US.

3. Yes.

[cap-gap]

If you have not been in US on H1 status before, you will not be cap exempt now.