You are here:

Immigration Issues/H1B to H4 and back to H1B

Advertisement


Question
QUESTION: Hi Ajay,

I received a 221g during H1B stamping in India and USCIS is supposed to issue an intent to revoke. So far, my case hasn't progressed at all and I am planning to apply for H4 visa.

Would I need to withdraw my current H1B application if I were to apply for H4 visa? If I did not withdraw my current H1B application and went to US on H4, what would I need to do if:

1) My current H1B case progressed while I am on H4
2) My current H1B case did not progress and I apply for fresh H1B through Company B?

Thanks in advance!

ANSWER: Hi,

When you are ready to apply for H4, go ahead and withdraw the pending H1B visa application at the Consulate and file a new application for H4 visa stamp by completing Form DS-160, etc. When you are issued the H4 visa stamp and enter the U.S., you will be on H4 status.

Due to withdrawal of the H1B visa stamp application, the case will no longer progress at the Consulate. Co. B can always file an H1B petition for you requesting change of status from H4 to H1B; you will not be required to depart the U.S.

---------- FOLLOW-UP ----------

QUESTION: Thank you Ajay. What are my options if my H1B withdrawal process is not complete by the time I schedule my H4 visa interview?

Answer
Please contact the Consulate to withdraw the H1B visa application. The Consulate will probably issue the H4 visa stamp immediately when you are scheduled for the for H4 visa stamp interview as long as the withdrawal instructions for H1B are being followed even if the withdrawal has not been concluded.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.