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Is H1B withdrawal required if H1B is approved and we go for H4 stamping??

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  • Is H1B withdrawal required if H1B is approved and we go for H4 stamping??

    I applied for my H1 with COS in 2012. I got n RFE my H1 got approved in November 2012 and I started working from December 2012. I will have to travel to India this year in MAY. My current employer is not willing to give the docs that are required for H1 stamping. So I cannot go for my H1 stamping. Can I come back to the US on a fresh H4? In case I can come back to the US on H4, what do I need to do after coming so that I can start working?

    Currently my H4 visa has expired. So I need to go for getting H4 visa stamped on my passport. Would it be a problem if I go fro H4 stamping as my H1B is approved??

    Also is H1B withdrawal required if H1B is approved and we go for H4 stamping??

    Please help. I am really tensed.

  • #2
    It should not a problem to go on H4 however they might question you on the H1B. Unfortunately I do not have enough information to tell you for sure unless I look at the H1B (including possibilities of impropriety from the company). But if no issues then H4 should not be a problem as long as your spouse has H1 in good standing. You can call us at 510 7425887, we can do a full consultation on the matter.
    Good Luck.
    Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

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