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H1b to H4 to H1b Stamping and AOS

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  • H1b to H4 to H1b Stamping and AOS

    I wanted to know whether I would need to go for an interview for H1B visa stamping in India with my current situation described below. Please advise.
    Employer A had filed H1b on behalf of me and I received an approval with no issue. I went India in Jan2015 while I was on H1b with employer A and had gone through visa interview process. During which I got RFE and it got resolved in 2 months and I came back to US with no issue. The H1B visa stamp expires on 02Mar2017.
    Left the job with employer A and I then went on H4 and was not working for 2 months from Nov2015-Dec2015.
    Found another job with an Employer B who did my H1b (H4 to H1b, change of status). I do have I-797 from an employer B expiring in 2019.
    If I travel India and come back to US before 02Mar2017, will I need to go for H1b visa stamping interview during my stay in India?
    In advance, thank you very much for your input.

  • #2
    Originally posted by azad1004 View Post
    I wanted to know whether I would need to go for an interview for H1B visa stamping in India with my current situation described below. Please advise.
    Employer A had filed H1b on behalf of me and I received an approval with no issue. I went India in Jan2015 while I was on H1b with employer A and had gone through visa interview process. During which I got RFE and it got resolved in 2 months and I came back to US with no issue. The H1B visa stamp expires on 02Mar2017.
    Left the job with employer A and I then went on H4 and was not working for 2 months from Nov2015-Dec2015.
    Found another job with an Employer B who did my H1b (H4 to H1b, change of status). I do have I-797 from an employer B expiring in 2019.
    If I travel India and come back to US before 02Mar2017, will I need to go for H1b visa stamping interview during my stay in India?
    In advance, thank you very much for your input.
    What happened to the H1 to H4 COS applied in Nov 2015? Was it approved?

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    • #3
      Originally posted by raghvi View Post
      What happened to the H1 to H4 COS applied in Nov 2015? Was it approved?
      It was approved within a week with my spouse's H1b renewal.

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      • #4
        Originally posted by azad1004 View Post
        It was approved within a week with my spouse's H1b renewal.
        So she moved back to H4 from H1 hence should not have been working on H1.

        This is my opinion not legal advice

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