Second H1b Stamping - URGENT

[Santosh12345]

Hello All,

This case is about my wife's H1B visa.
My wife who came to US on h4 visa attended H1b visa interview in Matamoros Mexico in Apr '08 and she got it approved and stamped. Visa valid till Sep 30th 2010.

In Sep 2009 she applied for a transfer of visa to a NJ based company and it got approved 'I-797 valid till Sept 2012'. She has paystubs since almost 12 months. Now she is planning to attend her H1b visa extension as she might be leaving to india for a vacation in december and doesn't want to take chances of attending visa interview in india.

Now my question is:-

When she goes to Mexico for H1b visa interview what are her chances of getting stamped?

What if she is given a RFE? Can she re-enter back in US?

I heard from some people who said no matter whether she gets the visa stamped or not her present visa is "CANCELLED WITHOUT PREJUDICE". In such case can she come back?

What if they deny her extension?


Can someone through some light on the posibilities.


Your response is highly appreciated.

Thank You
Santosh

[shervin143]

When she goes to Mexico for H1b visa interview what are her chances of getting stamped?
>>> No one can predict this. It all depends on what kind of documents she carries and how the visa interview goes.

What if she is given a RFE? Can she re-enter back in US?
>>> I guess you mean 221g. If the existing visa is cancelled by the VO, then she cannot re-enter back in H1B.

I heard from some people who said no matter whether she gets the visa stamped or not her present visa is "CANCELLED WITHOUT PREJUDICE". In such case can she come back?
>>> Come back in what visa? Do you mean getting H4 stamped and coming back? She can try to get the H4 stamped in case H1B is denied. She need a valid visa to re-enter.

What if they deny her extension?
>>> She has to go back to her home country or try and get the H4 stamped based on your H1B petition.