Can i go for H1B & H4 visa together after F1 got rejected

USA H1B Visa
1

Hello all,

My case is little critical. I went to US for the first time on F1, and then later i called my spouse on F2 visa. Then i got a job and got the H1b and my wife got her H4 visa. My 6 years ended with first step of GC (i.e. Labour). Then i got converted to F1 visa as i was out of status. I had to come to india on F1 visa after 6 years, and thinking that i might get it easily. But my F1 visa was rejected.

Now i got a job in US and my employer has filed labor and H1b extension of one year. I have the employer letter and the job on hand.

Can i go to the consulate to get my H1b visa stamped along with my wife fro her H4 visa OR should i just go alone and then call her later?

Please do suggest. Appreciate your answers.

Thanks,

2

I think once you complete 6 year on H1, and been outside USA for 1 year, it will restart your clock and you will have to go through the lottery process again. Please check with you lawyer to confirm.

Just having the job offer wont do any good, you need an approved I-797.

3

Thanks for the suggestion ramanan. But as per my attorney, i dont have to go through the lottery process. I can re-initiate the H1b, and i can get it for a term of one year.

My question is, should i take my spouse along with me for H4 visa stamping or should i just go alone for stamping. Which would be a safer process?