In H4 INTERVIEW got 221G ON PREVIOUSLY STAMPED H1 AND PASSPORT WITH VO

I will assume that this was your first H-1B and that it is not cap exempt, and your question has to do with whether you can keep the cap number if the Embassy cancels the H-1B at this time. Generally speaking, a number is preserved if the H-1B has been stamped in your passport and it is already past October 1. It is difficult, however, to say whether canceling your H-1B and continuing with the H-4 at this time would allow you to have a safe H-1B transfer in the future as questions could arise of whether there was an actual job or whether you intended to take it that could have an effect on the decision of U.S.C.I.S. or the US consulate or embassy if you later wish to have your passport stamped with a visa.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.