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H4 Visa and H1 extension

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  • H4 Visa and H1 extension

    My wife went for H1B visa stamping to New Delhi consulate. The consulate issued 221(G) and ask for a list of documents. Since it would have taken a lot of time for the administrative processing of H1B, she applied for H4 visa stamping under my I-797. The consulate again issued her 221(G) for documents related to my status and company which was duly submitted to them. The document for H4 was submitted on 28th July but whenever we call the embassy, we are told the same thing that its still under administrative processing.
    My question is what is the best option available to me to her H4 visa at the earliest.
    1. Is it advisable to withdraw her H1B visa stamping application and what is the procedure for that? Or H1b and H4 stamping are independent of each other?
    2. Is it possible to ask the INS abt H4 stamping status through an attorney?
    3. Can she reapply for H4 while one is still under administrative processing?
    4. My H1b is valid only till 31 Dec, 2010 and I am applying for extension this week. I also have I-140. Once my H1B extension gets approved, can I and my wife go together for our visa stamping at the consulate while her previous visa is still under administrative processing. Since she would be applying under the new I-797, will they allow her new application and withdraw the previous one?

  • #2
    1. Is it advisable to withdraw her H1B visa stamping application and what is the procedure for that? Or H1b and H4 stamping are independent of each other?
    >>> They are independent of each other. If you want to withdraw the application, send a letter to the consulate.

    2. Is it possible to ask the INS abt H4 stamping status through an attorney?
    >>> It will not help. Admin processing will take it's own course of time and each case is different.

    3. Can she reapply for H4 while one is still under administrative processing?
    >>> No.

    4. My H1b is valid only till 31 Dec, 2010 and I am applying for extension this week. I also have I-140. Once my H1B extension gets approved, can I and my wife go together for our visa stamping at the consulate while her previous visa is still under administrative processing. Since she would be applying under the new I-797, will they allow her new application and withdraw the previous one?
    >>> You can withdraw the application and apply again later.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks Shervin, it was a great help.
      To withdraw the stamping application, where do we have to submit the application? is to the consulate or to the VFS office servicing the consulate?

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      • #4
        Go to VFS website and cancel the appointment using whatever details used while booking.

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        • #5
          You need to send a letter to the consulate explaining that you need to withdraw your visa application. Provide all the required information to identify your application, so that they can stop further processing. For more information, talk to the VFS helpdesk.

          Originally posted by penguin80 View Post
          Thanks Shervin, it was a great help.
          To withdraw the stamping application, where do we have to submit the application? is to the consulate or to the VFS office servicing the consulate?
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment

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