Got H4 Visa and I129 petition approved. Can I go for H1B interview

[mrn1524]

Hi All,
My case is little bit different than normal. I went to H4 visa interview in July 2014 and it went to admin process. Waited more than 90 days then my employer back in USA applied I129 petiton for my H1B. Last week I got my H4 visa and the same time got my I129 approved. My questions are
1. If I go for H1B visa interview will the VO first cancels the H4 and process H1B ?
2. Suppose my H1B rejected will it impacts my H4 visa in any way?

Thanks in advance for your help.
-Mrn1524

[raghvi]

Hi All,
My case is little bit different than normal. I went to H4 visa interview in July 2014 and it went to admin process. Waited more than 90 days then my employer back in USA applied I129 petiton for my H1B. Last week I got my H4 visa and the same time got my I129 approved. My questions are
1. If I go for H1B visa interview will the VO first cancels the H4 and process H1B ?
2. Suppose my H1B rejected will it impacts my H4 visa in any way?

Thanks in advance for your help.
-Mrn1524

When you say I129 approved, that means you already got/would be getting the I797 approval notice right?

1. Most often the H4 is not cancelled. But what was the reason for admin processing?
2. I dont think that your H4 would be impacted.

This is my opinion not legal advice.

[mrn1524]

Thank you Raghvi for the reply.

Yes, I got I-797 approval notice.
1. What I heard is H4 cancellation depends on VO. It may varies VO to VO. In my case I got admin process because one more employee from my consultancy who went before my interview gave wrong answer which resulted 212(a)(6)(C)(1) to her. She has not done any fraud but gave wrong answer in visa interview. Later my employer worked with USCIS/DHS and able to get back her visa and she is working in US now. I think that made a red mark on my consultancy.

Because of one person negligence and mistake ( She said Yes in the interview when asked whether she worked for a client in which she was not) , whole employees are suffering


Anyway I made a decision to come on H4 and later move to H1 if possible...

Thanks,
Mrn1524

[raghvi]

Thank you Raghvi for the reply.

Yes, I got I-797 approval notice.
1. What I heard is H4 cancellation depends on VO. It may varies VO to VO. In my case I got admin process because one more employee from my consultancy who went before my interview gave wrong answer which resulted 212(a)(6)(C)(1) to her. She has not done any fraud but gave wrong answer in visa interview. Later my employer worked with USCIS/DHS and able to get back her visa and she is working in US now. I think that made a red mark on my consultancy.

Because of one person negligence and mistake ( She said Yes in the interview when asked whether she worked for a client in which she was not) , whole employees are suffering


Anyway I made a decision to come on H4 and later move to H1 if possible...

Thanks,
Mrn1524

Yes it varies from VO to VO but rarely do they cancel a H4 during H1 interview.

This is my opinion not legal advice.