H4-H1B(221g)-Options to go back to US

[sokbot]

I appreciate your expert advise on my case below:

2008 - I went to US on H4.

2010 - I got approved H1B, my employer requested COS from H4 to H1B and was approved.

2011 - Me and my family went to home country for short vacation and I went to embassy for H1B stamping and got 221g(Administrative Processing) instead. They have my passport and other documents. Now per latest update, embassy is on the process of revoking my H1B visa; sending it back to USCIS for visa revocation.

My questions:

1. Can I use my H4 visa which is still valid until 2012 to enter US?

2. Do I have to request COS from H1B to H4?

3. What are my best options just so I can get back to US?

This situation is keeping us away as a family. My husband already returned to US (he is on H1B). My son and I are stuck here.

I badly need your advise. Thank you.

[pontevecchio]

1. Yes. But if they have the passport they may have cancelled your H4 visa without prejudice in which case you can reapply for the H4 visa.

2. NO

3. Go back in H4 status assuming your spouse has absolutely no credential problems in H1 status.

[sokbot]

pontevecchio,

Thank you very much for your advise.

Follow-up question:

1. Yes. But if they have the passport they may have cancelled your H4 visa without prejudice in which case you can reapply for the H4 visa.

>> If incase my H4 is not yet cancelled, and we plan to cancel our H1B (due to its complications of 221g) do we still need to request COS from H1B to H4 since based on my understanding my current status on their records is on H1B status.

>> If we go with the H1B cancellation, what are the process and documents needed by the consulate?