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H1 to H4 Conversion queries.. pls help

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  • H1 to H4 Conversion queries.. pls help

    Attended H1B visa interview in Chennai Consulate on Mar 7th. Due to improper Employee- Employer relationship, VO issued a 221g Blue form without asking any additional documents.

    1. Have two vendors between employer and client. Is it good decision to withdraw existing H1 petition and attend for H4 interview (My spouse is in US).

    2. What is the procedure to withdraw the existing petition.

    3. Can i change the employer/client and reapply to USCIS with the existing petition cap at this point of time.

    4. If I converted to H4, how long should i wait to apply H1 again/ can i apply for H1 conversion in 2012 cap?

    Thanks for the help.

  • #2
    Attended H1B visa interview in Chennai Consulate on Mar 7th. Due to improper Employee- Employer relationship, VO issued a 221g Blue form without asking any additional documents.

    1. Have two vendors between employer and client. Is it good decision to withdraw existing H1 petition and attend for H4 interview (My spouse is in US).
    >>> Yes. The chances of getting the visa in your case is little less.

    2. What is the procedure to withdraw the existing petition.
    >>> Write a letter to the ocnsulate stating that you would like to withdraw your visa application. Mention all the details (Copy fo I-797 approval notice, passport number etc) to easily identify your application.

    3. Can i change the employer/client and reapply to USCIS with the existing petition cap at this point of time.
    >>> Yes.

    4. If I converted to H4, how long should i wait to apply H1 again/ can i apply for H1 conversion in 2012 cap?
    >>> There is no such time limit. You can apply anytime using the CAP from your existing H1B approval notice.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Can i attend H4 interview when h1b is in admin processing i.e. without withdrawing the H1 application.

      Comment


      • #4
        Yes, provided you have the passport with you.

        Originally posted by iamravi View Post
        Can i attend H4 interview when h1b is in admin processing i.e. without withdrawing the H1 application.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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