Urgent H1 to H4 conversion query!

[mike300436]

Hi,
Me and my wife are on H1b visas and we went to India due to a family emergency. We both attended visa interview last week and I got the visa stamped but my wife got 221g from the visa officer. Can someone please answer the below questions.

1. Is it possible to apply for H4 visa category while her H1b is under inquiry ?

2. If the answer is Yes, for the above question then is there a time limit to appear for H4 visa interview or she can attend H4 visa interview as soon as she can ?

Please let me know the best way in terms of H1 to H4 visa in such scenario.

Thanks in advance!

[raghvi]

Hi,
Me and my wife are on H1b visas and we went to India due to a family emergency. We both attended visa interview last week and I got the visa stamped but my wife got 221g from the visa officer. Can someone please answer the below questions.

1. Is it possible to apply for H4 visa category while her H1b is under inquiry ?

2. If the answer is Yes, for the above question then is there a time limit to appear for H4 visa interview or she can attend H4 visa interview as soon as she can ?

Please let me know the best way in terms of H1 to H4 visa in such scenario.

Thanks in advance!

1. Yes, but you maybe asked to withdraw the H1.
2. No time limit as such.

This is my opinion not legal advice.

[mike300436]

1. Yes, but you maybe asked to withdraw the H1.
2. No time limit as such.

This is my opinion not legal advice.

Thank you very much for the reply.

Which one should actually take place first ?

Attend for H4 visa interview and then Revoke the current H1B under inquiry OR
Revoke the current H1B under inquiry and then appear for H4 visa interview


Thanks in advance!

[raghvi]

Thank you very much for the reply.

Which one should actually take place first ?

Attend for H4 visa interview and then Revoke the current H1B under inquiry OR
Revoke the current H1B under inquiry and then appear for H4 visa interview


Thanks in advance!

It does not matter and it may not be required to annul the H1.

When she attends the H4 interview, they will tell if at all she needs to rescind the H1.

This is my opinion not legal advice

[mike300436]

Thank you very much for the information.