Immigration Issues/H4-H1 visa stamping issue
After going through many Non Immigrant visa issues, I am sure that you can clarify my doubts. This is regarding H1 visa stamping issue. My query is given below:
My H-1 B visa was filed on April 2nd 2007 and I was in U.S on L2 visa at that time. I came back to India on May 2nd 2007. My employer got H1 approval notice with COS from L2 to H1 on May 17th 2007 for my case.
I went for H4 stamping at Chennai consulate on June 5th 2007 and got it because I thought that I would either go for H4-H1 stamping in Canada/Mexico or apply for COS from H4-H1.
But now I want to try for H1 stamping from India as I am here only. I am afraid my H1 papers are not cancelled because I got H4 stamped on my passport. I'll highly appreciate if you can tell that is my H1
still valid and can I still try for H1 visa stamping in India. If yes, do u suggest India or any other country near U.S for greater chances of H1 visa stamping this year. If not, is there any way out to revoke my H1.
It would seem that you travelled to India while your COS from L-2 to H-1 was in process. Is this right? If it is so the H-1B application is considered to be abandoned. I understand that it was approved, but it was approved because the USCIS was not aware or notified that you had left the US during this time.
Moreover, you are entered on H-4 after the approval, the L-2 to H-1 becomes invalid, so you should apply again for COS from H-4 to H-1 or H visa processing.