221g on H4

[xyz987]

Hello
I am in some trouble. Please guide.
My husband is on H1 and is working in US for last 4 years. We had applied for Adjustment of Status and our I485 is pending.
I entered US in 2007 on H4, same yer got H1 and worked for a year, later got EAD and started working on EAD which stays Oct 2010. I travelled to India in Dec 2009 not realizing that my Advanced Parole had already expired.
I went to embassy and USCIS officer took my EAD and AP. I then applied for H4 visa in Feb 2010. While at interview, the consulate kept my passport saying they will call me if they have any questions. I got an email asking for all I797. I sent them all..
On 8th Mar, I got an email with 221g on my case and asking for additional documents including project details, petitioner's tax returns, W2's, all employee list, etc.(not clear whether they need my husband or my documents), although I have told them very clearly that I do not want to work since I have a 3 month baby to take care. They have also sent my pssport back.
Please advice what I should do? Does 221g lead to denial of the case? I'm worried..my husband is in US and I'm stuck here in India with my little baby.
Thanks

[milda]

Don't worry about 221g. It is very common thing which daily so many people are getting. It doesn't mean that your will get denial.

Here, if they are asking project details and everything, and as you are applying for H4, most probable they might be asking this details about your husband. As per new memo which got in affect from mid january 2010, I heard that for h4 visa also, they are asking the project details of spouse.

So, don't get panic and send them your husband's employement lettter from his employer, client letter & project details from client etc.

[Note:- I am sharing my views, contact your attorney for the best advice.]

[xyz987]

Cancelled without Prejudice

I recvd my passport today with a stamp on my previous H4 visa as "Cancelled without Prejudice" which already expired in 2008. Can anyone tell me what does this mean?
Thanks

[shervin143]

That means, that you can no longer use that H4 visa.

I recvd my passport today with a stamp on my previous H4 visa as "Cancelled without Prejudice" which already expired in 2008. Can anyone tell me what does this mean?
Thanks

[milda]

In this case, you can reapply for it with all necessary documents in advance.

[Note:- I am sharing my views, contact your attorney for the best advice.]

[xyz987]

221g on H4

Thanks..
I got an email today from embassy asking documents mentioned in 221g for my husband.
Amongst other docs, they need a letter from End Client, itinerary of services, copy of contract between petitioner and end client, an internal project description, petitioner's Fed Tax returns for last 2 years, list of petitioner's employees, W2 forms for all persons employed by petitione for past one year, state unemployment wage reports.
Does anyone have any idea why they need all these documents. Also, if my application is still pending administrative processing, why they returned my passport?
Thanks!

[milda]

May be you are aware or not, they are asking these docs as per new memo:

http://immihelp.comhttps://www.immih...tionship-memo/

Again I am telling, as per me, once you submit all requested docs, they will ask your passport again and restamp it.


[Note:- I am sharing my views, contact your attorney for the best advice.]

Thanks..
I got an email today from embassy asking documents mentioned in 221g for my husband.
Amongst other docs, they need a letter from End Client, itinerary of services, copy of contract between petitioner and end client, an internal project description, petitioner's Fed Tax returns for last 2 years, list of petitioner's employees, W2 forms for all persons employed by petitione for past one year, state unemployment wage reports.
Does anyone have any idea why they need all these documents. Also, if my application is still pending administrative processing, why they returned my passport?
Thanks!

[xyz987]

221g on H4

thanks Milda..
The docs required by embassy are all petitioner's docs..my husband's H1 got approved 4 years ago..why would the embassy need all these docs now? Do you think this is normal practice they re following with other cases as well?
Has anyone applied for H4 and got to submit these docs??

[xyz987]

221g on H4

Plz advice..
I already have a H1 approval in 2007 Quota, which I used for one year and then moved to using EAD from mid 2009.
Is it possible to apply for the same H1 petition again?
Is it ok to apply for a H1 visa when my H4 is pending?
Thanks..

[milda]

Yes. As per me it is normal process as a part of the new memo. Here, now you are going for h4, so, definitely they will ask the valid docs regading the h1b holder, as he is the prime basis for you to land in USA.
Here, they are not interested in checking how and when your husband's h1 got approved, but they are interested to know that your husband as a prime h1b holder for you in this case, has currently valid project, client, work etc etc....

So, don't worry, and submit all asked docs regarding his project, his client, his recent paystubs, his w2(s). You will definitely get your h4, nothing wrong, I can see here.

And one more thing, here in hurry situation, you are thinking to file h1 again. But it will create more problem for you. If you will go for h1b, then they will ask about -
who will be your new h1b holder, who will be your client, what will be your job duties, what will be your relationship with client etc. And in that case, if you will not have real client then you will be in real trouble than current situation. At least currently, as your husband is on valid h1b, he can provide all these necessary docs. So, I can understand your situation, even if I am in this situation then I might be also in the same tension. But I advise, be cool and then only take necessary steps. At least once, check with the professional attorney of your husband's employer. And then take steps.


[Note:- I am sharing my views, contact your attorney for the best advice.]

thanks Milda..
The docs required by embassy are all petitioner's docs..my husband's H1 got approved 4 years ago..why would the embassy need all these docs now? Do you think this is normal practice they re following with other cases as well?
Has anyone applied for H4 and got to submit these docs??

[xyz987]

221g on H4

Thanks Milda..
I will keep updating the thread time and again. For now, my husband's employer is preparing all the req docs.
Thanks again..

[xyz987]

I got my Visa stamped

I got my visa stamped and my passport has now been sent.
I'm very very happy it all worked well. It was a very strenous time my family and I faced.
I would further like to know what options I have to be able to start working.
a)Three months ago when I got to know my AP expired, I went to USCIS office in Delhi to see if I could get it renewed. Unfortunately the officer took back my EAD, which stays valid till this year end. Can I start working on same EAD without having physical card.

b)I have H1 which was issued to me in 2007 and stays valid till Sept 2010. I worked on H1 for almost a year and then moved to EAD. Can I use my same H1 again to be able to work since it stays valid.

Please advice.
Thanks for all your assitance..