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Have valid H1. Now appearing for H4

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  • Have valid H1. Now appearing for H4

    Hi,
    My wife has a valid H1B stamped in her passport but she has not tarvelled yet from her company. It seems she wont get any project in near future. So I am planning to apply for H4 for her through my company. I was told by many people that the valid H1B visa of her will be cancelled when she appears for H4 interview.

    Does that mean her H1B cannot be used anymore and totally cancelled.?
    Or
    Only the H1 stamping is cancelled. and If she gets a project from her company, she can come back to INDIA , get H1 stamping again and come to USA.

    Many ppl say it depends on the VISA OFFICER. He may or may not cancel the H1b stamping in her passport. So many confusions.

    Please clarify me on this.

    Thanks,

  • #2
    The Visa in her passport may get canceled. But the underlying petition will not get canceled. Moreover, her ability to be cap-exempt further does not get canceled anyway.
    This is my opinion and not legal advice.

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