Refiling h1 immediately after withdrawal

[gbls]

Hi,

Around 2 months back I went for my H1b stamping in India & got 221G.In the whole process of arranging additional documents asked by US consulate, i lost my job & surrendered my H1 b visa & came back on h4 visa. Now it's been 2 weeks that I am in U.S & I am getting Projects. Is it a good decision to go ahead & refile my h1 at this stage or would it further mess up the whole situation?Please help me.

[shervin143]

No issues. Any employer can file a COS from H4 to H1B using the CAP from your previous approval notice and when that gets approved, you can start working.

[sj2003]

H1b withdrawal and H4 to H1b

Hi,

I came to India for stamping recently and got stuck with a 221g, orange slip with no docs asked at Kolkata. It was solely due to inaccurate documents provided to me by my employer. Given this scenario, I am mulling the following:

Since I am married, I am contemplating withdrawing my current H1b petition with the consulate and applying for an H4. Once I receive my H4 and travel to the US to join my husband, I am hopeful of getting projects from other employers and filing an H1b petition with them.

questions:

a) Would there be any issues/questions during my H4 stamping if I withdraw my H1b petition (under 221g admin processing)?

b) Once I get to US on H4 and convert to H1 with a different employer, will I be subject to H1b cap or would I be cap exempt and start working right away (since I have been on H1 before and my 6 year term is still not completed)?

Apologies if it is a repition of the original post.

[shervin143]

a) Would there be any issues/questions during my H4 stamping if I withdraw my H1b petition (under 221g admin processing)?
>>> No issues. Yon can even apply for H4 when the H1B is under 221g admin processing without withdrawing it. But you need to mention the 221g as visa refusal when you apply for H4.

b) Once I get to US on H4 and convert to H1 with a different employer, will I be subject to H1b cap or would I be cap exempt and start working right away (since I have been on H1 before and my 6 year term is still not completed)?
>>> You can use the CAP from your previous H1B approval. The employer can request an immediate start date. You cannot work until the COS from H4 to H1B gets approved.

[aryank2000]

H1 admin processing....convert to H4

hi

my wife is stuck in a similar situation. chennai consulate kept her passport for h1 additional admin processing. its been almost 2 months now. now we want to withdraw H1 apply for H4. can you please suggest how you did this? i am having sleepless nights over this. my family is stuck in india. please help. god bless you


thanks you

[shervin143]

Just write a letter to the ocnsulate stating that you want to withdraw the visa application. Mention enough details to identify your application and passport. Explain the reason why yu want to withdraw the application.

hi

my wife is stuck in a similar situation. chennai consulate kept her passport for h1 additional admin processing. its been almost 2 months now. now we want to withdraw H1 apply for H4. can you please suggest how you did this? i am having sleepless nights over this. my family is stuck in india. please help. god bless you


thanks you