H1-B 221(g) updated to "Submit the passport" but came to the US on H4 and moved to H1

[k42108]

Hi,

I received an email from the US Consulate in Hyderabad asking me to "submit my passport" in regards to the H1-B Visa Stamping application that I went for in Feb 2012. Since the process was taking very long, I went for H4 stamping after 3 months and it was approved. I came to the US on H4 Visa and then changed my status to H1-B.

The new H1-B is still from the same company and for the same position as my 1st H-1B.

After 6 months, I got the email from the consulate asking me to submit my passport.

I was wondering what happens now if:
I send my passport to India and have someone submit the passport on behalf of me. OR
I go to India and submit the passport and come back to the US with a new I-94.

If, say, I go to India and submit my passport and if the consulate "Stamps" my (1st) H1-B application:
Which Visa will be valid? My (1st) H1-B OR (2nd) H1-B?
Will I be allowed into the US at the port of entry?

I apologize if this all is confusing. I hope someone responds back.

Thank You,

Nithu.

[ktank8021]

So u had 221g on ur first h1?

[k42108]

So u had 221g on ur first h1?

Yes. That is correct.

[raghvi]

Yes. That is correct.

You should have sent a note to cancel the first H1 while applying the H4. Its illegal to send passport overseas through post/courier, and risky too, imagine if it gets lost or destroyed in transit.

This is my opinion not legal advice.