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H1b Consular Processing

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  • H1b Consular Processing

    We are in USA and I have my H4 petition applied along with my husband's H1b under change of status. Now, I have received an offer from nonprofit organization (cap exempt) and my employer is ready to file my H1B. My employer HR is giving me 2 options:
    A)Wait for H4 approval and then file change of status (H1b). This option was perfect but my husband H1b petition got RFE . His H1b petition will now take long time to get approved. Considering these facts, my hiring manager is showing concerns in waiting for such a long time.
    B)Apply for consular H1B visa- I will have to travel to India.

    Now, which option should I opt for H1B? I have few queries regarding consular H1B

    a)Currently, I and our daughter are under COS to H4 through my husband's H1B petition. I checked and found that me and my daughter has the same/one receipt I 539.
    So, how would the consular processing option impact my daughter's COS to H4? Would abandoning my COS for consular H1b impact my daughters COS or current status? Should I be afraid of anything?

    b)Currently, I am in USA on F2 visa. My F2 visa is valid till May 2018.
    At which point of time would I need to leave USA for visa stamping?
    •Can I leave US after consular H1B is approved and take Visa stamping appointment from here (US)and just go to my home country for visa stamping or
    •I would need to go earlier to India and stay there while H1B is still under process?

    c)When I travel to home country, I understand that I will be abandoning my COS to H4
    So, will my F2 status be valid until my husband's petition is in approval process?
    Second, Would I be able to return back to US on F2 if I face any problem with h1b stamping? My f2 status is good till May 2018.

    I sincerely like to thank you for your reply.

  • #2
    Please help us.