221g green slip - Chennai Consulate


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Me and wife have been in the US for the last 3.5 years. Came to India for vacation and had appeared for separate H1B visa stamping in Chennai this month. My visa got approved but my wife was given a 221g green slip asking for a bunch of employer documents. Although she has all the documents, since we have a one year old kid, we have been thinking about her quitting her job. So her employer has now agreed for her to withdraw her petition instead of submitting the documents.

Now I have a couple of questions,

1. My wife has a valid US visitor visa till 2017. Since the passport is with her, can she use that and travel back to US with me and the baby on our original travel back date. (and then change status to H4 while in US if required)

Is this fine? Will there be issues at the port of entry since she is reentering US within a span of 3 weeks (although the visa this time is visitor visa rather than a H visa last time).

2. Or should she appear for H4 stamping in India and come to the US in H4 visa. The only issue is she has just withdrawn her H1 and if she appears for an immediate H4, will there be any issues. We are concerned if this H4 also results in a 221g and another delay.

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