H1Approved (but not stamped ) ->H4 ->H1


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Hi All,

Please suggest or help me by replying to my doubts:

My wife has H1 approved recently but not stamped yet.Because of lack of projects

she was not sent for stamping.Now she wants to come here on H4 and stay in US for some time

and whenever the projects are there she will go back to india and get it stmaped.

Please clarify my doubts:

1) Can we apply H4 and go for H4 stamping in india? if H4 is stamped will there be any

problem for existing H1(its not yet stamped).Is H1 is going to Void.

2) If she comes to US on H4 and return to india after some time, and then she wants to go

for H1 stamping. Is she needs to convert her H4 to H1(not stamped yet) ?.If so

how much time will it take to convert H4 to H1.

3) if H4 to H1 convertion is not required then can we just go for H1 stamping normally

4) Is there any chances of rejection while H1 stamping in this case?

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1. She can come back with the H4 visa which depends mainly on the credibility of your H1 status. The fact that she has been cap counted remains a fact.

2. No such thing. She can apply for the H1 visa in future at any home consulate.

3. Yes

4. That depends on employer credibility which seems to be doubtful as of now since he managed to file a H1 petition and get it approved though he had no project for her.

Have her return in H4 status and look for another suitable sponsor. She has already been cap counted.

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