First of all, a very great thanks to all the admins/moderators/owners for running this forum and making us feel better with their expert advice/analysis. I’ve been lurking around here for quite some time and today is the day that I got an opportunity to discuss a scenario.
A had an H1b visa back in 2011. And came to the USA on a B1/B2 visa in Jan 2022 and did a Change of Status to H1b on a Cap exempt and got the approval copy i797. His spouse had gone for the H4 stamping to the US embassy in India and got denied because the VO asked her for the principal applicant’s H1b visa stamping.
I’m thinking since he had done the COS within 30 days of entering on B1/B2, the 90-day rule had an impact on his spouse’s stamping thus leading to a denial.
What has happened in this case? Does he need to leave the country before 180 days or is he on H1b legally? Please need your $0.02 on this scenario.