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H4 cancellation..

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  • H4 cancellation..

    Hey... I am in the USA on H4 visa which is valid till 2009. I am a medical doctor. Some research comp is sponsoring me an H1B visa. My Question is.. if i dont get the H1B visa wil my H4 sTill be valid till 2009? can i go for my H1B visa interview at Mexico/Canada?

  • #2
    If you are currently in status, ( and will be on Oct.1 and do not leave the country while the COS is in process ), your H1B might be processed as a change of status so that you need stamping only if you leave the country with the intent to return.

    You might check with your employer about what they plan to do.


    • #3
      I wil be having valid H4 status in oct 2008(my H4 visa is valid till nov 2009). and if my H1B petition gets approved.for H1B stamping i think i have to leave the USA and appear for the interview at the US consulate/embassy in India/mexico/canada. but if my H1B visa gets rejected there, can i re-enter USA on my valid H4 visa? Ur reply wil be appreciated. Thank you.


      • #4
        They generally do not invalidate the H4. Be sure to have your documents. If your company is a good one, your documents are valid, and you are qualified, do not worry. Most problems occur with bad companies and false papers; many people receive visa stampng without any problems.

        My point is that if filed properly for a COS, you will not have to make a special trip for stamping. You will receive an I-94 with H1B and a start date. This is one advantage to being in status when you file.

        Rumor has it that if you have been on H1B through COS that stamping is easier than new. People report more problems with first stampings outside the home country because of difficulty with unknown documents; they also report being told to go to home country for stamping. I would be more concerned about having H4 cancelled if H1B denied in country other than home country but do not know how often that occurs. I have not seen any published numbers about denials verses approvals in the various consulates in the various conditions so everything is word of mouth.

        Good luck!


        • #5
          Thanks a lot .. that was really helpful for me.