H1 rejection -- Coming into US as H4 & reapply

[sumgee]

Hi All,

I came into USA in 2008 in H4 & then got a H1B & started working..

Now planning to go to India.. If in case VISA gets rejected,

can i come back to US in H4 & then just use the same H1 again to start working after approval??

Regards

sam

[JoeF]

Entering on H4 with the intent to change to H1 may be considered immigration fraud.

[rahul412]

Now planning to go to India.. If in case VISA gets rejected,

can i come back to US in H4 & then just use the same H1 again to start working after approval??

Your employer has to apply new H1.

[sumgee]

Thanks Rahul,

But do i need to go through the H1B Quota again??

[rahul412]

Thanks Rahul,

But do i need to go through the H1B Quota again??

Once your initial petition is approved, you will be cap exempt.