H1 to H4 Stamping in India

[h1toh4cos]

Hi,

I've applied for COS in US from H1 to H4. But, due to certain personal reasons, I have to leave US to India. As I moved out of country, I've scheduled H4 visa appointment in India. Did any one faced such situation earlier?

I have all documentation such as my employer revoking my H1 petition and my health concerns due to which I couldn't work in US on H1 status for 2.5 months.

If you have similar situation, then please provide me your feedback at the earliest.

Appreciate your responses in advance.

Thanks.

[raghvi]

Hi,

I've applied for COS in US from H1 to H4. But, due to certain personal reasons, I have to leave US to India. As I moved out of country, I've scheduled H4 visa appointment in India. Did any one faced such situation earlier?

I have all documentation such as my employer revoking my H1 petition and my health concerns due to which I couldn't work in US on H1 status for 2.5 months.

If you have similar situation, then please provide me your feedback at the earliest.

Appreciate your responses in advance.

Thanks.

H4 primarily depends upon H1 maintaining valid status so as long as your spouse was maintaining valid status you should not have any issues. The issue of you not maintaining valid status might not come, and even if it comes you can show the documents related to health concerns.

The issue might crop up and need more detailed documentation from registered Medical Practitioner when you try to do a H4 to H1 COS later or during GC processing.

Also, if you had a H1 stamping it will most likely be cancelled.

This is my opinion not legal advice.