h4-f1(cos)-h1-221g issued

[Rahul Alawadhi]

hello everyone
my wife came to us on h4 visa in may 2012 and get into the f1b program in a regular college. We did her COS in US only. She started working on CPT and company (desi consultant)applied for h1b petition (EVC model).It got approved and with COS in US in oct 2014 with the study program still ongoing. She was working in US since then .My wife got pregnant and and we had a baby as well. Post maternity , she joined back to office client side.We had to come to india for visit and she got stuck in visa stamping with administrative processing in october 2015. Visa officer didn't issue any 221g letter or slip given or case number, no documents submitted. After 100 days now , they returned her passport without visa issued and kept i797 document. I have been sending emails constantly to us travel docs.

Please provide what are my options
1. I am planning to bring back her on h4 back. Can we apply apply for h4 visa with her h1b visa still pending or Do we need to cancel her h1b pettion through her employer . While filling s160 , do we need to mention this about as per past visa was rejected or denied entry to us. Technically it is still pending

2. Her employer apply for h1b amendment and go to visa stamping again on h1b petition.

3. Wait any get more clarification from us embassy.

Any other suggestion or recommendation. Please advice

thanks

Rahul

[raghvi]

hello everyone
my wife came to us on h4 visa in may 2012 and get into the f1b program in a regular college. We did her COS in US only. She started working on CPT and company (desi consultant)applied for h1b petition (EVC model).It got approved and with COS in US in oct 2014 with the study program still ongoing. She was working in US since then .My wife got pregnant and and we had a baby as well. Post maternity , she joined back to office client side.We had to come to india for visit and she got stuck in visa stamping with administrative processing in october 2015. Visa officer didn't issue any 221g letter or slip given or case number, no documents submitted. After 100 days now , they returned her passport without visa issued and kept i797 document. I have been sending emails constantly to us travel docs.

Please provide what are my options
1. I am planning to bring back her on h4 back. Can we apply apply for h4 visa with her h1b visa still pending or Do we need to cancel her h1b pettion through her employer . While filling s160 , do we need to mention this about as per past visa was rejected or denied entry to us. Technically it is still pending

2. Her employer apply for h1b amendment and go to visa stamping again on h1b petition.

3. Wait any get more clarification from us embassy.

Any other suggestion or recommendation. Please advice

thanks

Rahul

Its possible that she was not maintaining valid status during her pregnancy. Can't really see a reason for 221G without knowing more details of what happened during her visa interview.

1. Yes you can apply for H4, a 221G is a soft rejection so yes, you have to mention the same in the DS-160. they may ask to write a letter to withdraw the H1.
2. if doing amendment would suggest doing it in premium processing.


This is my opinion not legal advice.

[Rahul Alawadhi]

Thanks for the reply. She was on short term disability leave post maternity for 2 months.When my wife went for the interview , VO asked the general questions and he told her to wait .They called up after 2 hours and said they would contact her when they need additional information.No document issued so far. Its been almost 120 days now. We did not mention about her uncompleted degree which she was pursuing in US. Now there is no Client and employer is suggesting to come her on H4.

While filling the new DS160 for H4 , should we document about unfinished degree (F1 COS) and what would be the reason for refusal.

Its possible that she was not maintaining valid status during her pregnancy. Can't really see a reason for 221G without knowing more details of what happened during her visa interview.

1. Yes you can apply for H4, a 221G is a soft rejection so yes, you have to mention the same in the DS-160. they may ask to write a letter to withdraw the H1.
2. if doing amendment would suggest doing it in premium processing.


This is my opinion not legal advice.