First H1B (Revoked) - Second H1B(221g) - H4B(Approved) - H1B?

[nsap]

Hi All,

I have a below situation, which is kind of complicated and need your expert advice.

I am in US till Feb 2011 on H1B from May 2006 (almost 4 Yr's 9 Months). Attended for H1B visa (while working for client B) in Apr 2011 in Hyd consulate, got 221G ( consular asked me to submit new I797B amendment because of the client change, from the time I797 got approved, based on Client A letter).

My employer applied for new I797 in May 2011, and got approval based on the current client i.e. Client B letter and i attended for visa again in May 2011 based on this new I797 in Chennai and got 221G again - admin processing ( consular asked me to submit my yr's of pay stubs, bank statements, current client letter etc, which i submitted).

To my surprise, I got a letter from Hyd consulate by end of May 2011 saying, my H1B is revoked and I797 is sent back to USCIS.

Mean while, i worked from offshore till the end of Dec 2011 based on the new I797B approval (client B) and also in touch with Chennai consulate about the status and they replied couple of times, saying case is still under admin processing from June till date...:)

Took a bold step in Jan 2012 and attended for H4B visa in Hyd consulate and it's approved and got my passport with no issues with validity till end of 2014.

..................................................my questions are.......................................................................

1. Once i am back to US, can i convert back to H1B as i didn't complete my 6 years of previous

H1B? (Still left with almost 15 months) or do i need to apply under 2012 quota as a fresh

H1B?

2. If i need to apply under new 2012 quota, is it better for me to wait for 2 more months and

back to US on H4 ( as i will be out of US for an year to come under fresh 3+3 yr's H1B) or it

doesn't matter, as i will be on H4B, if i am back to US now and still come under 3+3 yr's

H1B under 2012 quota?

....................................................................................................................................................

As this is a total grey area, i was wondering, anybody has this kind of situation.

Thanks in advance,

Help Needed

[h1bvisa2012]

Hi - You don't go under regular fresh quota.You can file H1b as soon as you are in US and had your job offer in hand.

[kamala8]

Once you are back to US, you can convert back to H1B if you are rehired/or get a new job, no need to apply under 2012 quota as you are not a fresh H1B and you still have months left. Your H1B will not expire because you are in H4, I did the same 2 times with no issues. Once you start working you will start using the rest of the H1B months left.

[goodluckishere]

@nsap

I am in similar situation. Working from India for US employer.

Even I am thinking of getting my h4 stamped. couple of questions:

1. Were you working when you went for H4 visa interview?

2. Did VO ask you anything/ documents related to your H1 221g?

3. Did VO ask you if you have been working from India for your US employer?

4. What did you mention about your primary occupation/ current employer details in your H4 DS-160?

Thanks.

[nsap]

Thank you Siva and Kamala for your valuable inputs.

As my H1B visa in under admin processing with Chennai consulate, whether i will have any trouble while converting to new H1 (based on quota exemption) from H4 once in US?

[nsap]

@nsap

I am in similar situation. Working from India for US employer.

Even I am thinking of getting my h4 stamped. couple of questions:

1. Were you working when you went for H4 visa interview?

2. Did VO ask you anything/ documents related to your H1 221g?

3. Did VO ask you if you have been working from India for your US employer?

4. What did you mention about your primary occupation/ current employer details in your H4 DS-160?

Thanks.

...................................................................

Hi Good Luck,

1. I went for H4, after a month break from work, as it's good not to have US payroll while attending for H4, in case VO verifies

it, as my H1B is under query.

2. To my surprise, it went very smooth with out any questions regarding me. All VO asked is about my wife's job, place etc.

3. None about me or my employer etc.

4. Listed as worked for my US employer till my payroll's ran. ( Don't put any wrong info in DS160 about work history, as they

can verify your payroll and will know.

Be prepared with all the questions like, based on my employer's advice to me.....

1. Why are you applying for H4 now?

2. What's ur future plans in H4?

3. Why are you working from India as offshore resource?

[goodluckishere]

So, did you resign first and then

Thank you Siva and Kamala for your valuable inputs.

As my H1B visa in under admin processing with Chennai consulate, whether i will have any trouble while converting to new H1 (based on quota exemption) from H4 once in US?

Thank you Siva and Kamala for your valuable inputs.

As my H1B visa in under admin processing with Chennai consulate, whether i will have any trouble while converting to new H1 (based on quota exemption) from H4 once in US?

@nsap

I had my H1 under admin processing last time when I went back to US on H4. Got another job offer and was successful im getting H4-H1 COS with out any issues.

So you are good to go. All the best!

[nsap]

Hi,

If i stay in India for 2 more months, it will be an year, i will be out of US. Once i am back after this one year

to US on H4 and if i get a job immediately, as per all of you, i don't need to go under new H1B quota,

as i have left over H1B period from my previous H1B stay.

even after 1 year i am out of US, i can still use the left over H1B period, with out going through fresh quota?

If yes, what happens after i used this left over H1B period i.e. 13 months? do i need to go out of US again for an year? or because i am already out for an year, i will be eligible for 3+3 under fresh quota?

please advice based on your experience.

Thank you