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221(g) denial, can i go on H4?

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02-03-2011, 11:36 AM

HaveQuestions HaveQuestions is offline

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Priority Date	:	Nov-10
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221(g) denial, can i go on H4?

My H1B was refused under section 221(g) (petitioner is not able or willing to provide employment....) and case has reached USCIS for review. The lawyers however are asking me to travel on H4 and then convert to H1 in US and they say this can be done in 2 weeks. I am so very skeptical about this! How is this even possible?
Their response is that i have an H1B from earlier quota, so i can get a new petition filed and start working on it once its approved.How come people dont do this if its valid?
My questions if anybody can help me are
1) Can i go on H4 visa without revoking my H1B petition which is under review with USCIS? Or will consulate ask me to revoke my H1B petition?
2) If i go on H4, can i really get a COS to H1 in US i.e. not the April 2011 quota but in the already assigned quota and i can start working within a few days of approval?

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