Can my wife go to h1 visa stamping in below scenario


Prasanna kumar T

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 Hello,

We've applied for my wife's h4 extension back in nov 2016. Couple of days after our application we came to know that her h1 got approved.  We submitted the withdrawal request thru my employer within 10 days.

In may 2017 my h1 extension and my wife's h4 extension got transferred to different uscis jurisdiction.

In june 2 2017 my wife's h4 extension got approved despite of our withdrawal request. 

My employer immediately submitted (in june 2017) another h4 withdrawal request to uscis. But USCIS denied any further action that their decision is final.

Technically My wife worked on h4 status in the month of June.

1. What are the consequences my wife need to face because of her working status during the month of june.

2. Her current h1 is expiring on sep 30 2017 is it safe for her to travrl to india for h1 stamping? Are there any chances of she getting 221g.?

3. If it is risky to get the h1b stamping. Does she need to travelto india to get h4 visa stamping.?

4. Can my wife expect any questions about her h1 status if she goes to visa interview  for h4 stamping.?

5. Should we expect to have any leverage as her status got effected due to USCIS missed to processes the h4 extension withdrawal.

6. Can she come back on h1 status once she travels to india and get her h4 stamping.?

Appreciate your time going thru this long message.

Thank you,
Prasanna

Please let me know your suggestions asap.

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18 hours ago, Prasanna kumar T said:


 Hello,

We've applied for my wife's h4 extension back in nov 2016. Couple of days after our application we came to know that her h1 got approved.  We submitted the withdrawal request thru my employer within 10 days.

In may 2017 my h1 extension and my wife's h4 extension got transferred to different uscis jurisdiction.

In june 2 2017 my wife's h4 extension got approved despite of our withdrawal request. 

My employer immediately submitted (in june 2017) another h4 withdrawal request to uscis. But USCIS denied any further action that their decision is final. 

H4 is not employer dependent, your employer might have requested withdrawal as a courtesy to you.

Technically My wife worked on h4 status in the month of June.

1. What are the consequences my wife need to face because of her working status during the month of june.

If she has worked with authorized work permit either H4 or H1, then no consequences.

2. Her current h1 is expiring on sep 30 2017 is it safe for her to travrl to india for h1 stamping? Are there any chances of she getting 221g.?  You never know, it totally depends on how your wife response to VO questions.

3. If it is risky to get the h1b stamping. Does she need to travelto india to get h4 visa stamping.?

Based on your posting, my assumption is your wife's H1 approved before H4, so the latest status is H4 for your wife.  Did she get new I-94 with H4 approval?  If yes, then she does not need to travel to India ONLY for the purpose of stamping.

4. Can my wife expect any questions about her h1 status if she goes to visa interview  for h4 stamping.?

She can expect any question regarding her H1, employer, project, duties, etc.etc.. even if she go for H4 stamping.  Also, like why she changed to H4 from H1?

5. Should we expect to have any leverage as her status got effected due to USCIS missed to processes the h4 extension withdrawal.

I am not clear what you mean by leverage from USCIS? 

6. Can she come back on h1 status once she travels to india and get her h4 stamping.?

She needs H1 stamping if she wants to enter the USA on H1 status.  or she can apply for change of status from H4 to H1, based on H1 approved petition from within the USA.

Appreciate your time going thru this long message.

Thank you,
Prasanna

Please let me know your suggestions asap.

 

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