H1B visa application sent back to USCIS for possible rovocation


ashiash31

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Hi, 

 

My wife had applied for H1B in the April 2013 cap season. Then she applied for the H1B visa interview at the Mumbai consulate in November and received a white 221g. The Mumbai consulate then recently sent her a mail saying her case has been sent back to USCIS for possible revocation of the petition itself,as they found some information inconsistent. 

 

 

Now she wants to come to US on H4, as I am on H1B currently in US. My question is:

 

1) After she comes to US, assuming that USCIS is still reviewing her case, can she apply at a different employer in the cap-exempt H1B category?

 

2) Can she possibly face any problem during her H4 interview? We are planning to apply for H4 at Chennai consulate. 

 

3) Given that the official case status is still 'Admin Processing' , and that she plans to apply on H4, should she still send a letter to the Mumbai consulate asking for withdrawing the H1B Visa application ? Or is it assumed that by now the Visa application is already withdrawn ? 

 

Thanks a lot. 

 

PS: She hasn't traveled to the US at all, so far. 

 

 

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