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H1-B 221(g) updated to "Submit the passport" but came to the US on H4 and moved to H1

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  • H1-B 221(g) updated to "Submit the passport" but came to the US on H4 and moved to H1

    Hi,

    I received an email from the US Consulate in Hyderabad asking me to "submit my passport" in regards to the H1-B Visa Stamping application that I went for in Feb 2012. Since the process was taking very long, I went for H4 stamping after 3 months and it was approved. I came to the US on H4 Visa and then changed my status to H1-B.

    The new H1-B is still from the same company and for the same position as my 1st H-1B.

    After 6 months, I got the email from the consulate asking me to submit my passport.

    I was wondering what happens now if:
    I send my passport to India and have someone submit the passport on behalf of me. OR
    I go to India and submit the passport and come back to the US with a new I-94.

    If, say, I go to India and submit my passport and if the consulate "Stamps" my (1st) H1-B application:
    Which Visa will be valid? My (1st) H1-B OR (2nd) H1-B?
    Will I be allowed into the US at the port of entry?

    I apologize if this all is confusing. I hope someone responds back.

    Thank You,

    Nithu.

  • #2
    So u had 221g on ur first h1?

    Comment


    • #3
      Originally posted by ktank8021 View Post
      So u had 221g on ur first h1?
      Yes. That is correct.

      Comment


      • #4
        Originally posted by k42108 View Post
        Yes. That is correct.
        You should have sent a note to cancel the first H1 while applying the H4. Its illegal to send passport overseas through post/courier, and risky too, imagine if it gets lost or destroyed in transit.

        This is my opinion not legal advice.

        Comment

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