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H1B transfer while stamping under 221g

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  • H1B transfer while stamping under 221g

    Hi experts,
    My wife got 221g in H1B visa interview in New delhi consulate & after submitting the documents, it's pending for more than 1 year.No response yet from the consulate. Now my wife is in USA on H4 visa. Can she apply for H1B transfer thru a different company ?

    Pls advise.

    Thanks in advance...

  • #2
    Yes. Withdraw the old visa application before she goes for a visa interview again for a different employer (Provided she didn't hear from the consulate until then).
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks Shervin. My wife is already in USA on H4. Is it required to withdraw the stamping at Delhi consulate? can I just apply for H1B transfer thru different company & change her statu sfrom H4 to H1.

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      • #4
        You can file the COS from H4 to H1B using the old CAP and start working upon its approval. I was talking about the visa stamping. Whenever she goes out of the country and need to get the H1B stamped, it is just advisable that the old pending visa application is withdrawn before you apply for a new H1B visa through a different employer.

        Originally posted by mtforum View Post
        Thanks Shervin. My wife is already in USA on H4. Is it required to withdraw the stamping at Delhi consulate? can I just apply for H1B transfer thru different company & change her statu sfrom H4 to H1.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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