H4 to H1 transfer

[mchatrvd]

Hello All
I need a piece of advise. My wife is on H1B, which she got in Oct' 05. Due to family emergency, she needs to rush to India for one month. She is planning to leave on 10th Jan and take visa appointment in Delhi on 2nd Feb. Currently, she has valid H4 visa stamp. In case her H1B stamp gets denied, can she enter country on current H4 stamp (although she will continue on H4 after that)? i will appreciate your input.

Thanks,
Manish

[veena_swsh]

Hi,
If she is a returning worker, there are fewer chances of visa refusal. If her papers are good with respect to employemnt and projects, clients, etc, then she might as well get stamped for H1B. There won't be an outright refusal of H1B unless in exceptional circumstances, it will only be put on hold with 221(G). If she chooses to re-enter US on H4 stamping, then she might not be allowed to work on her present H1B petition.