H1-H4 outside US

[gbls]

Hello I am a analyst, working on H1b visa and came to new delhi to attend my sister's wedding. I had to go for h1b stamping and the visa officer asked me to produce a end client letter, which has become a pain to get. My husband works in US on h1b. My employer is suggesting to cancel the H1 and come back on h4 and once i am back they will again file my H1.

I had a H4 stamped on my passport, but the visa office took my passport and said they will have to cancel my H4, she was about to cancel the h4 in front of me and then she said I will wait for your documents and then I will take my decision. I am not sure if my H4 is cancelled by now, that I will get to know once I get my passport back.

Can someone help me with what I should be doing now and what are the risks involved if any going h1-h4? Your time and efforts are appreciated.

Look forward to your reply.

Thanks & Regards
gbls

[shervin143]

If you cannot produce a client letter, then you can produce documents like the SOW between your employer and the vendor and the SOW between the Vendor and the client. If you cannot produce that, then there are high chance that your visa might get rejected. One option is to withdraw your H1B visa application. If you are lucky, you get the passportback without the cancelled H4 visa which yu can use to travel back to U.S (With the I-797 of your H1B spouse). If the H4 is cancelled, then you will need to go for H4 stamping again with the documents from your spouse.

[gbls]

hi Shervin,
Thanks for replying to my query. It is getting very difficult to get those documents from the vendor and the client, as everyone is uncomfortable dealing with USCIS. the only option is cancelling h1 and going back on H4. I also understand I may have to go back for H4 stamping again. Would you know of any risks involved in this case and if yes how to mitigate the risks. Your efforts and time are appreciated.

Thansk & Regards
gbls

[shervin143]

Like I mentioned in my previous reply, if your H4 is not cancelled, then you are in luck. Otherwise, you have to go for H4 stamping. If your spouse has clean records with H1B status and if your spouse's employer can provide you the required documents for H4 stamping (like employment verification letter, client letter (if working at the client place) for your spouse), then you can definetely get the H4 stamped again. delhi is the strict consulate thse days when working on a EVC modal.