My employer has applied for H1 B under last year’s cap and I received an approved H1 B petition in Nov’2012. However, my employee is not letting me do the stamping. My husband has recently travelled on H1 B to US that was filed by the same employer(as mine). Now I have few questions :
If I apply for H4 then is it possible that my employer cancels my H1 B approved petition.
If cancelled, will I still be eligible to apply for cap exempt H1B once I have travelled to US on H4.
Also, one of the consultancy in US is assuring me that they would apply H1 B for me under cap exemption once I travel on H4. They would be charging premium processing and attorney fee from me, they will bear all the other H1 B fee. Is it legal?
Please help me in understanding all these. Thanks in advance.