Need help on H4 visa while my employer has filed for my H1 visa revocation to USCIS

[ronit.mittra]

Hello Immihelp gurus,

My name is Ronit Mittra and I seek immediate help on my situation and questions listed below. Please advise at your earliest convenience. Thank you in advance.

Situation:

• My work authorization is H1-B with validity till Aug 2022.
• In Dec 2020, I have filed DS-160 for H4 visa for my spouse (who resides in India) and scheduled Biometric and Visa interview on Feb 21st and March 1st 2021 respectively in India.
• Now in Jan 29th 2021, my project got over so my employer has filed for revocation of my H1 petition to USCIS effective Feb 1st 2021.

Questions:

1. If my spouse visits US embassy in India on March 1st 2021 for her H4 visa interview, then will I be shown as 'Out of Status' which may cause her H4 visa to get rejected?
2. Please advise if I need to reschedule both Biometric and Visa interview based on my redeployment date with my employer?

Best Regards,
Ronit Mittra.

[rkk09]

Hi,
Here is my view on your question.
1. Unless you file H1B Transfer and get approved, It may affect H4 visa interview.. Why because, H4 will be issued depend on H1B. If your Employer had withdrawn your H1B then you are no longer be on H1B status.. So, you will not be able to sponcer H4 to your dependents.. Therefore, Please transfer your H1B as soon as possible to avoid any issues..
2. Yes.. That's really good idea for now, if you can postpone H4 visa Interview..

Thanks..

[ronit.mittra]

Thank you for your advice. I am unable to postpone the Visa Interview date because the calendar is completely blank (no dates at all) in the website
In this case, I have two options mentioned below. Request you to please suggest which option will be better.

Option #1: Proceed with Bio-metrics as scheduled & then cancel the Visa interview.

Option #2: Cancel the current appointments and then schedule new slots for Bio-metrics and Visa interview after my H1-B transfer is complete.

[newacct]

Technically, you remain in H1b status for 60 days after cessation of work (since your I-94 doesn't expire until later). However, the consulate might not issue H4 visa as dependent of an H1b whose status will end in 60 days.

[ronit.mittra]

Thank you for your advice. I am unable to reschedule the Visa Interview date because the calendar is completely blank (no dates at all) on the website for all embassy locations in India.

Request you to please share your thoughts on below questions at your earliest convenience. Thank you in advance!

1. If my spouse goes for Bio-metrics (as scheduled on Feb 21st 2021) and then we cancel the visa interview, can we schedule the H4 visa interview later?
2. If my spouse is unable to appear for the Visa interview (as scheduled on March 1st 2021) so it will be considered as "No Show", then can we reschedule the H4 visa interview later?

[ronit.mittra]

Hello rkk09 and newacct,

Thank you for your advice. I am unable to reschedule the Visa Interview date because the calendar is completely blank (no dates at all) on the website for all embassy locations in India.

Request you to please share your thoughts on below questions at your earliest convenience. Thank you in advance!

1. If my spouse goes for Bio-metrics (as scheduled on Feb 21st 2021) and then we cancel the visa interview, can we reschedule the H4 visa interview later after my H1 gets approved?
2. If my spouse is unable to appear for the Visa interview (as scheduled on March 1st 2021) so it will be considered as "No Show", then can we reschedule the H4 visa interview later after my H1 gets approved?

[rkk09]

Hi Ronit,
I suggest you to cancel your Visa Interview and reschedule the Visa Interview once you get H1B Transfer Approval.. That way, you will not have any complications.. and your Visa fees will not be wasted as you can use the same Visa fees for rescheduling.
Thanks

[ronit.mittra]

Hi rkk09,

Hope you are doing well. Thank you for your advise earlier. I would request you to please go through my current situation and kindly advise at your earliest convenience.

• My current employer 'X' has now filed my H1 visa amendment in March 2021 and I have rescheduled my spouse H4 interview date in June 2021.
• But now I am planning to join a new organization 'Y' in May 2021.
• This new employer 'Y' has agreed to file my H1 transfer in Premium processing.
• So, do I need to submit a new DS 160 with this new employer 'Y' details?
  • Or, can we use the existing DS 160 with current employer 'X' for H4 interview?
• Also, please advise if there are any other documents that needs to be filled again for H4 visa interview in June 2021?

Thanks & Regards,
Ronit Mittra.