Apply for H4 visa while H1 visa is pending

[ashritha]

Hi,

I changed my employer(permenant position at a client) and went for visa stamping in hyd in aug. I was given 221g white form and was not asked for any documentation. But the visa officer kept my passport with him. My manager in US gave me an option to work from home. But recently they told me that they cannot give me the work from home option anymore and that they are revoking my H1. Which means that i will not get the H1 visa also. However, my documents(passport) are still with the US embassy in Hyd without making any decision.
My wife is also working in US on H1B. She is in US currently. Can i apply for H4 visa now while the H1B visa is still pending? Will it impact my H4 visa processing? Did anyone face similar situation and if yes, what is the best solution in this case?

[shervin143]

You can withdraw your H1B visa application. That way, they will send your passport back and then you can apply for the H4 visa.

[ashritha]

Thanks much for your quick response. Can you please tell me what is the process to withdraw my H1 visa application?

[ashritha]

Also, can you please tell me if there will be any impact of this 221g query i received(no documents are asked) and the withdrawl of my H1 application when i apply for H4 visa? I understand that theoratically there is no time gap required to apply H4 visa, but what is the best time gap required for a successful H4 stamping?

[shervin143]

Send a letter to the consulate that you would like to withdraw the visa aplication. You will need to provide all the required iinformation to identify your application. Also, talk to VFS helpdesk for more information.

Thanks much for your quick response. Can you please tell me what is the process to withdraw my H1 visa application?

[shervin143]

Also, can you please tell me if there will be any impact of this 221g query i received(no documents are asked) and the withdrawl of my H1 application when i apply for H4 visa?
>>> It should not.

I understand that theoratically there is no time gap required to apply H4 visa, but what is the best time gap required for a successful H4 stamping?
>>> You can apply anytime.

[ashritha]

Thanks a lot for the reply Shervin...I have a last question...

I am really in a big dilemma.. I got my visa only today clearing 221(g).I was working from home till today. My employer has terminated me and this is my last week and today is my last working day and they said they will cancel my H1 on Monday(11/15) even though I told them I got the visa and asked them little time. I actually booked my ticket for Monday to come to US thinking that though my employer sends my H1 for cancellation on Monday, it will take some time to be revoked by USCIS. Meanwhile, I can apply for change of status to H4 as soon as I land in US(i.e.) Tuesday.

Please tell me if I can travel to US or not? I am really confused now...will the POE people deport me?Please reply...its very urgent...help me plz...

Thanks in advance ! Please reply Shervin...

[shervin143]

If the officer at POE calls your manager to verify your employment, then it could cause issues based on his/her response. However, they do this very rarely. Your best bet is to get the H4 stamped and enter U.S in H4 visa. When you are in U.S you can always find a new employer and file a COS from H4 to H1B using the existing CAP from your current H1B petition.

[ashritha]

Thanks for the reply Shervin ! If my husband applies for my H4 while I am in India, I again have to go for stamping to Hyd. In Hyd, they are issuing 221(g)'s for most people even for H4. i don't want to take the risk and again stay for some more months on 221(g). So what my plan is - I will come to US on my H1 and I immediately change to COS....Is my plan good or am I thinking wrong? Please advice.