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Help regarding not stamping H1B

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  • Help regarding not stamping H1B

    My H1B is approved.When i was in india i applyed for it.But came to USA in june in H4 visa .it was approved in september.As i was in india I-94 did not come with approve pitition.
    Now I don't want to change my status to H1B as i have some health problem can not take much load so want to stay in H4.
    So i don't want to go for stamping.But in january i have a plan of going to india i have valid H4 visa till 2009.I wanted to come back USA using same visa will it be a problem at POE??As i have a approved H1B(but not going for stamping).
    So far I know if I-94 attached with H1B then the status will change autometically.but mine is not chaned.
    so now i am staying in H4 with an approved H1B.Plz let me know wthether its a problem if i am not doing the stamping.Can my consoltant withdraw the pitition......whether it will affect if anytime in future i will apply H1B.

  • #2
    H1 and H4 Queries

    My H1B is approved.When i was in india i applyed for it.But came to USA in june in H4 visa .it was approved in september.As i was in india I-94 did not come with approve pitition.
    Now I don't want to change my status to H1B as i have some health problem can not take much load so want to stay in H4.
    So i don't want to go for stamping.But in january i have a plan of going to india i have valid H4 visa till 2009.I wanted to come back USA using same visa will it be a problem at POE??As i have a approved H1B(but not going for stamping).

    ---- You can return back to US on your H4 thatis valid till 2009
    ---- As you do not have a H1 Visa affixed on your Passport and an I-94 to go with it that should not be an issue. If you want your H1 status you should have a valid I-94 and a SSN (in your case theat does not apply as you have not taken up H1 status)
    So far I know if I-94 attached with H1B then the status will change autometically.but mine is not chaned.
    so now i am staying in H4 with an approved H1B.Plz let me know wthether its a problem if i am not doing the stamping.Can my consoltant withdraw the pitition......whether it will affect if anytime in future i will apply H1B.

    ---- Yes, your consultant can withdraw the petition and it does not have any bearing on future H1B's as they will be assessed independently unless there is some serious issue with your case

    Subramanya

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