H1 to H4 help needed immediatley! Plzzzz

[shakila]

Hi,
Iam currently in my H4.
Trying to apply for H1. Once i get my H1 here and if i go to India..i have to get the stamping there. There in case, if my H1 is rejected.. Can i apply for my H4 and come here as a dependent. Or is it not possible to come here on H4. Please let me know.

Thanks,
Shakila

[veena_swsh]

Hi,
It is not clear if you have a H4 visa stamped on your passport. If yes, then there is a chance that your H4 gets cancelled without prejudice when you go for the H1B visa stamping. This is irrespective of whether your H1B gets issued or not, in which case, you might have to re-apply for the H4 again and endorse the view that you do not intend to work on the H4.

[shakila]

Thanks Veena!!
I have not understood it fully. This is my current position. Iam in H4 dependent visa. I have applied for my H4 to H1 transfer. And i would be getting my H1 in October. I can start working for my employer even before i actually get my H1. If iplan to go to India after October, i have to get the visa stamped in India.
In case if my H1-B stamping in India, is rejected. Can i reapply for H4 again and come here as a dependent?
Since i transferred my H4 to H1 before will this have any problem when i re-apply for H4 again in India.

Please throw your opinion on this.

Thanks,
Shakila

[veena_swsh]

If during your consular interview for H1B, your H4 visa gets cancelled, then you will have to apply for H4 afresh based on your spouse's status.