H4 to H1 transfer doubts

[sbwars]

Hi

I have a doubt related to H4 to H1 transfer.
Considering the scenario given below, please guide me accordingly.
I recently transferred my H1 from company A to company B. My wife is here on H4 visa. She wants to work here and we are looking for a consultant, who would get this change of status done for her. The catch here is that we have to go to India in october end, which is unavoidable. While coming back from India, if she has got the H1 petition approved, she will need to get the stamping for the same done. My question is that, if her stamping is rejected, can she return back on her original H4 stamping, or would she need to get a new H4 stamped, as i have changed jobs, and have a new i797 with me. Please advise me the eventuality in this scenario. Your answer can help me decide, on whether to take this risk or not.

[raghvi]

H4 to H1 transfer doubts

If you see her passport, there is Visa Expiry date on her H4 Visa stamp. She can travel anytime on this visa till the expiry date. If her H1 gets rejected, she can use her current H4 to travel to US provided her H4 is valid at that time. She does need to carry your latest employment verification letter as well as approved petition at that time if she is coming in on H4. This is my opinion, do consult experts too.

[sbwars]

Thanks for the information.

One of my friends had faced a scenario where he had a case of L1 to H1 transfer. When he went for getting the H1 stamped, the visa officer immediately cancelled L1 stamping, and then proceeded with the interview. After the interview, he got a 221G and eventually H1 did not get approved. Because of this scenario, he had to get a new L1 filed from his company.

My question here is , if my wife's H4 gets cancelled in this fashion, and she is unable to get the H1 stamped,
1. Would there be any catch while getting H4 stamped for her?
2. Would i need to get a stamping for my new I797 ?
3. What would be the standard way to proceed in such a case.

Any help is much appreciated.
Thanks

[TheDarkHorse]

There may be the case where VO can cancel the H4 visa with "Canceled with Prejudice" at the time of interview, before approving her H1B, since she is applying for different type of visa (H1B).

If you see her passport, there is Visa Expiry date on her H4 Visa stamp. She can travel anytime on this visa till the expiry date. If her H1 gets rejected, she can use her current H4 to travel to US provided her H4 is valid at that time. She does need to carry your latest employment verification letter as well as approved petition at that time if she is coming in on H4. This is my opinion, do consult experts too.

[shervin143]

1. Would there be any catch while getting H4 stamped for her?
>>> If H1B is declined and her existing H4 is cancelled, then she can apply H4 again.

2. Would i need to get a stamping for my new I797 ?
>>> Not required.

3. What would be the standard way to proceed in such a case.
>>> There is nothing special. The process is exactly the same as before.

[sbwars]

Thanks a lot guys.

You helped clear a lot of doubts.

Keep up the excellent work !!