Sai Dheeraj Posted November 7, 2021 Report Share Posted November 7, 2021 Hello, My wife who is in India and never been to US, got her H4 visa stamped in Apr 2021, after which her H1b was applied (in June 2021) and approved (in Sep 2021) through consular processing. Though we thought of having H1b visa stamped, original i-797 was lost in transit by FedEx and we did not proceed for H1b stamping? 1. Can she proceed to stamping without original I-797? Looks like she can but can someone confirm? a. If she proceed for stamping and in the worst case, visa is rejected or 221g is placed, can she travel to US on H4 visa and then apply for COS? 2. Can she ignore H1b stamping for now and travel to US on H4? a. Will there be any issue in applying change of status though her H1b was approved on consular processing? b. Can she begin employment if COS is approved and later have the H1b visa stamped when she go to India? 3. Will there be any issues if DS-160 is filled for H1b now but we do not proceed for stamping? Thanks, Sai Quote Link to comment
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