H1 Revoked and came on H4 because of delay in administrative processing

[Namratha2219]

I came India on November 24 and went stamping on 27th . VO gave me 221g white slip administrative processing with no documents asked. I was checking on the ceac.state.org site there is no update from Nov 27 . It's been 3 months but no change in visa. Me and my son got stuck up in India and my husband was in USA.So I want to go on H4 and revoke my H1 . After I go to USA and apply for H1 will I come under cap or cap exempt .

Will it be new H1 filing or change of status?

Please clarify me

[jairichi]

I came India on November 24 and went stamping on 27th . VO gave me 221g white slip administrative processing with no documents asked. I was checking on the ceac.state.org site there is no update from Nov 27 . It's been 3 months but no change in visa. Me and my son got stuck up in India and my husband was in USA.So I want to go on H4 and revoke my H1 . After I go to USA and apply for H1 will I come under cap or cap exempt .

Will it be new H1 filing or change of status?

Please clarify me

Once you enter US on H4 visa an employer has to file a cap exempt H1B petition with COS anytime and on approval  you can start working.

[rahul412]

Cap exempt with COS.

[pontevecchio]

After you return in H4 status it will be a new H1 filing with COS but not subject to the cap.

[Namratha2219]

Thanks for clarifying

[pb221g]

Hi Namratha2219,

 

I am in similar situation.

I had my h1b visa interview on 10th Jan 2014 and was issued 221g white slip.

 

No update from consulate since them.

 

I am also planning to apply for H4 as my husband is there,

 

Did you withdraw your H1b application before applying for h4?

 

 

[jairichi]

Hi Namratha2219,

 

I am in similar situation.

I had my h1b visa interview on 10th Jan 2014 and was issued 221g white slip.

 

No update from consulate since them.

 

I am also planning to apply for H4 as my husband is there,

 

Did you withdraw your H1b application before applying for h4?

Sometimes VO would ask you to withdraw your H1B visa application before a H4 interview. Other times they might ask for H1B application withdrawal after your H4 visa was successful.

[pb221g]

Thanks jairichi for the reply.

 

If I revoke my H1B application under 221g here and go to US with H4 will I have to apply again in april and undergo lottery process?

[jairichi]

Thanks jairichi for the reply.

 

If I revoke my H1B application under 221g here and go to US with H4 will I have to apply again in april and undergo lottery process?

Employer has to file a cap exempt H1B petition along with COS from H4 to H1B. This can be done anytime and on approval you can start working immediately.

[pb221g]

But H1B Cap exempt category which I understood is for non-profit organizations not for profit?

 

Also, If I go for cap-exempt then can it be with th same employer or it has to be with different employer? 

[jairichi]

But H1B Cap exempt category which I understood is for non-profit organizations not for profit?

 

Also, If I go for cap-exempt then can it be with th same employer or it has to be with different employer? 

Once you are counted against cap and have not utilized the max allowed of 6 years stay on H1B your subsequent petitions are cap exempt. It can be same employer or different employer.

[pb221g]

Thanks Jairichi.

 

One more question, My H1B visa is under admin processing so is it going to affect this whole process of revoking and re-applying again after being back in US?