I am on H4 visa and have a H1B approved for 2013 with COS effect from 2013 October 1st,cant extend my H4 since my spouse maxed out 6years and his perm is still pending.Unfortunately,I had to change the employer with h1b transfer and its approved.Now my h4 visa is expiring on September 8th ,2013.I have to go back to my home country to get the visa stamped.Will be a problem for me in the stamping ?
2 Answers from Attorneys
As long as you have all the required paperwork, you should be fine. Please call our office for any further consultation you may require.
As long as you are not out of status, which it appears that you are not, then I do not foresee any problem getting the H-1B issued at the Consulate, based on the facts you have given. The Consulate should even issue a visa, even if you had some illegal presence, as long as it was less than 180 days. Make sure your spouse departs the U.S. to get his H-4 visa, as well. The attorney for the H-1B employer should have apprised you of this, as well.
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