Taking H4 when H1 is on 221(g)

[n_pri10]

Hi All,

I had filed for a H1 in Apr 2006 , got the approval by Sep 2006 , went for h1 stamping in Nov 2006 ( Chennai )and got a 221(g) refusal Administrative processing ..
I still have not heard from the USCIS or consulate about any update on my current H1 .
Meanwhile my husband got his h1 stamped in Delhi and is planning to travel to US by June '07 ..

I need to clarify a few things here :-

1) Can I now apply for a H4 with my current H1 on 221(g) hold ?
2) Once I apply for a H4 and get the same stamped , can I apply for a fresh H1 for the coming year H1-B Quota that opens in Apr 2007 ?
3) Can i travel with my husband on a H4 to US in June while my H1 is still filed and not approved ?
4) Once my new H1's approval is through , can I come back to India on my H4 and get the stamping done for H1 ?
5) If all the above goes through , then What happens to the previous year (Apr 2006 filed) H1 which is now in 221(g) status ?

Please advice ..

Thanks

[n_pri10]

Subramanya pls suggest : Taking H4 when H1 is on 221(g)

Hi Subramanya ,

Can you please provide me an update on this !

Thanks

[Subramanya]

H1, H4 and travel

I had filed for a H1 in Apr 2006 , got the approval by Sep 2006 , went for h1 stamping in Nov 2006 ( Chennai )and got a 221(g) refusal Administrative processing ..
I still have not heard from the USCIS or consulate about any update on my current H1 .
Meanwhile my husband got his h1 stamped in Delhi and is planning to travel to US by June '07 ..

I need to clarify a few things here :-

1) Can I now apply for a H4 with my current H1 on 221(g) hold ?

---- Yes, you can apply for H4 based on your Husband's H1. However, while going for the interview draft a letter to the US Consulate requesting them to withdraw your H1 application (provide the same to them only if they ask for such a letter of withdrawal)

2) Once I apply for a H4 and get the same stamped , can I apply for a fresh H1 for the coming year H1-B Quota that opens in Apr 2007 ?

---- Yes, you can apply for a H1 and it is advisable to come to US on H4 and then apply for a COS from H4 to H1

3) Can i travel with my husband on a H4 to US in June while my H1 is still filed and not approved ?

----Yes, you can travel with your husband provided you have a valid and unexpired Visa affixed in your Passport. If you apply for a H1 while you are in India you will have to return back to India only, for getting the H1 Visa granted and the issue of 221 g may crop up again

4) Once my new H1's approval is through , can I come back to India on my H4 and get the stamping done for H1 ?

---- Read above

5) If all the above goes through , then What happens to the previous year (Apr 2006 filed) H1 which is now in 221(g) status ?

---- Read response to Q1

Subramanya