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h4 status when h1 is denied

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  • h4 status when h1 is denied

    i am h4 visa holder valid september 2015.

    my husband has h1b visa . he went to his home country and went for stamping but he didn.t got visa stamped. said need soe administrative processing. after 8 days of the interview got a call from consulate and they said visa is denied under 221g. with eligible for waiver apply. now we applied for waiver its its in processing.
    now my question is

    1.what is the status of h4. how long can stay in us
    2. if h4 holder can.t stay more than 180 days when h1 is denied. THAT 180 DAYS COUNTS FROM THE DATE OF VISA STAMPING INTERVIEW OR GOT A CALL FROM CONSULATE SAYING THAT VISA IS DENIED.

    PLZ GIVE SOME ADVICE

  • #2
    Originally posted by bruno1 View Post
    i am h4 visa holder valid september 2015.

    my husband has h1b visa . he went to his home country and went for stamping but he didn.t got visa stamped. said need soe administrative processing. after 8 days of the interview got a call from consulate and they said visa is denied under 221g. with eligible for waiver apply. now we applied for waiver its its in processing.
    now my question is

    1.what is the status of h4. how long can stay in us
    2. if h4 holder can.t stay more than 180 days when h1 is denied. THAT 180 DAYS COUNTS FROM THE DATE OF VISA STAMPING INTERVIEW OR GOT A CALL FROM CONSULATE SAYING THAT VISA IS DENIED.

    PLZ GIVE SOME ADVICE
    How come you have a H4 stamped till 2015 but your spouse needed to go for visa stamping? Please explain in more details.

    There is no 180 Days period. Without H1 there is no H4 status. a few weeks is fine but if your spouse is not in valid H1 i.e. not in US then you also would have to leave soon.

    This is my opinion not legal advice.

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