Converted H1B to H4 - Stamping in Nassau, Bahamas - Is that allowed?

[Jayu Iyer]

Hi, I just changed to an H4 visa (and EAD) from my H1B visa. My H1B visa is currently stamped on my passport and valid till 2018. I would like to get my H4 visa stamped on my passport and would like to do it from Nassau (closest consulate for me).
Is that possible?
The consular website has the following note:


Embassy Nassau will not accept interview applications from third country nationals for the following visa categories and cases:


Applicants who entered the U.S. with a visa issued in their home country and changed status with the Department of Homeland Security in the U.S. who seek a new visa in the new visa category.


Does H1 to H4 change count as a new visa category?
Since the H1B stamp on my passport is valid till 2018 can I re-enter the country on the H1B visa if needed?

Any advice would be appreciated.

[shervin143]

You do not qualify to attend the visa interview there since you have done a change of status from H1B to H4. But why do you need to get the H4 visa stamped? If your COS to H4 is approved, then you can legally stay in U.S in H4 status. If you appear for H4 interview, then your H1B will be cancelled. If you enter U.S in H1B visa, then you are in H1B status and you should be working for the H1B sponsor and get paid to maintain the H1B status. In such case, to get back to H4, you need to file a COS again.

[Jayu Iyer]

You do not qualify to attend the visa interview there since you have done a change of status from H1B to H4. But why do you need to get the H4 visa stamped? If your COS to H4 is approved, then you can legally stay in U.S in H4 status. If you appear for H4 interview, then your H1B will be cancelled. If you enter U.S in H1B visa, then you are in H1B status and you should be working for the H1B sponsor and get paid to maintain the H1B status. In such case, to get back to H4, you need to file a COS again.

Thanks. I need to attend a wedding in Bahamas in February for which I need to leave the country so need to get my visa stamped. My attorney said the visa category restriction generally applies to the primary applicant (in this case, my husband who is renewing his H1B stamp), so my visa category change would not matter. Do you know if that is true?

[shervin143]

I do not think that is true. It is better you write to that consulate and verify before scheduling a visa interview there. Or you might get stuck there and might have to go back to your home country from there to get the visa stamped to return back to U.S.

Thanks. I need to attend a wedding in Bahamas in February for which I need to leave the country so need to get my visa stamped. My attorney said the visa category restriction generally applies to the primary applicant (in this case, my husband who is renewing his H1B stamp), so my visa category change would not matter. Do you know if that is true?