H1 - H4 - H1

[xoom.5555]

Hi, my H1B petition is approved in 2013 for this year's quota. I am currently on L1B and my project is completed and going back to India on Aug 1st week. I feel it is a risk if I get my visa stamping in India as the stamping success rate is low. My wife is on H1B visa and in USA, can I apply for H4 and then come to USA on H4 visa and then change my status back to H1B? in that case I can go to Canada and get my H1B stamped, as Canada has a better H1B stamping success rate. What happens to my approved H1B petition if I apply for H4?

[jairichi]

Success rate in visa stamping has nothing to do with any consulate. As long as your credentials and your employer's credentials are good any consulate will approved your visa application. 

[xoom.5555]

Thanks for the response. But what happens to my approved H1B petition if I apply for H4 and come to USA in this case?

[jairichi]

Thanks for the response. But what happens to my approved H1B petition if I apply for H4 and come to USA in this case?

I believe if you enter US with a H4 visa your employer has to again apply for a COS to H1. Will your employer be willing to pay again for your H1B processing. Highly unlikely.

[ge145]

Hi, my H1B petition is approved in 2013 for this year's quota. I am currently on L1B and my project is completed and going back to India on Aug 1st week. I feel it is a risk if I get my visa stamping in India as the stamping success rate is low. My wife is on H1B visa and in USA, can I apply for H4 and then come to USA on H4 visa and then change my status back to H1B? in that case I can go to Canada and get my H1B stamped, as Canada has a better H1B stamping success rate. What happens to my approved H1B petition if I apply for H4?

Not sure why you believe stamping success rate is low in India ? It is based on individual.

You have to file COS, for h4 in US or file COS when u come on H4. Either way - You will have to wait for the decision from USCIS.