Legal Question in Immigration Law in Arizona

Sir, my wife came to US on H4 (stamped) which is valid till 2012. This year 2009-2010 she got her H1B approved and has been working since the Nov 2009. Now she is going to India for stamping of H1b.

Now my question is in case her H1b is rejected and she do not get the passport stamped for H1b, will she have to apply for H4 again?

Thanks!

Nick


Asked on 3/29/10, 8:50 pm

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

The Consulate will not cancel her existing H4 visa stamp if it does not issue the H1B visa stamp. Thus, your wife will be able to enter the U.S. on existing H4 visa stamp.

However, if she enters on H4 visa stamp, she will be unable to be employed since the "latest action" by the USCIS is issuance of I-94 at port-of-entry with H4 status.

Regards,

Ajay K. Arora, Esq.

www.H1B1.com

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Answered on 4/07/10, 8:24 am


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