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Travel to us on H4 while recent H1b under Administrative Processing

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  • Travel to us on H4 while recent H1b under Administrative Processing

    Hi,

    Needed some advice quickly regarding entering US.

    Scenario is,
    - H4 Stamped on Passport
    - Change of Status while in US from H4 to H1
    - Visiting India
    - Appeared for H1B visa Interview at US consulate and currently under administrative processing 221

    Questions,
    1) Can I request my Passport back from US Consulate?

    2) Does requesting and getting passport back holds/stops the Administrative Processing case?

    3) What are the chances stamped H4 which is still valid will not be cancelled?

    4) If the H4 is not cancelled on Passport can I travel to US on valid H4? Does travelling on H4 affects the H1B under administrative processing and whether it's considered as abandoned?

    Please reply asap, appreciate your help..

    Thanks

  • #2
    Originally posted by usres View Post
    Hi,

    Needed some advice quickly regarding entering US.

    Scenario is,
    - H4 Stamped on Passport
    - Change of Status while in US from H4 to H1
    - Visiting India
    - Appeared for H1B visa Interview at US consulate and currently under administrative processing 221

    Questions,
    1) Can I request my Passport back from US Consulate? -- Yes

    2) Does requesting and getting passport back holds/stops the Administrative Processing case? -- No, it makes no difference.

    3) What are the chances stamped H4 which is still valid will not be cancelled? --It is likely.

    4) If the H4 is not cancelled on Passport can I travel to US on valid H4? Does travelling on H4 affects the H1B under administrative processing and whether it's considered as abandoned? -- Yes and no.

    Please reply asap, appreciate your help..

    Thanks
    See above.
    This is my opinion and not legal advice.

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