Need advice urgently

[cpcys0]

I attended H1B stamping interview at Hyd consulate on 21st July and was issued 221g yellow form - no docs asked.
I came to know that my client was contacted by Kentucky and client has replied back to their questions. I cannot wait for more time as my daughter's school starts in 3 weeks. I am contemplating on applying for H4 and reapplying H1 after I reach there.
MY questions

1. Should I wait for some more time for 221g as client verification is in progress. I applied for H1 with a new employer but I have worked in US for more than 8 years on L1. My new Employer owns my client company.


2. If I go for H4 stamping, can I ignore my H1 admin processing or should I cancel my H1 petition?

[shervin143]

1. Should I wait for some more time for 221g as client verification is in progress. I applied for H1 with a new employer but I have worked in US for more than 8 years on L1. My new Employer owns my client company.
>>> It looks like your case is being processed. If you can, it is better to wait for some more time. Since they are already working on it, you shuld hear back from them soon.


2. If I go for H4 stamping, can I ignore my H1 admin processing or should I cancel my H1 petition?
>>> They are two different processes. You can get the H4 stamped and let the H1B process go on. If H1B gets approved, then they will ask you to submit the passport for stamping. You don't need to cancel your H1B visa processing just because you want to get the H4 stamped.

[cpcys0]

. Should I wait for some more time for 221g as client verification is in progress. I applied for H1 with a new employer but I have worked in US for more than 8 years on L1. My new Employer owns my client company.
>>> It looks like your case is being processed. If you can, it is better to wait for some more time. Since they are already working on it, you shuld hear back from them soon.
Thanks for the quick response. Do you have any idea of the processing times for Hyderabad consulate?

2. If I go for H4 stamping, can I ignore my H1 admin processing or should I cancel my H1 petition?
>>> They are two different processes. You can get the H4 stamped and let the H1B process go on. If H1B gets approved, then they will ask you to submit the passport for stamping. You don't need to cancel your H1B visa processing just because you want to get the H4 stamped.


I am confused. If I get H4 stamped and go to US, will my H1B be still under process?If they ask for my passport after H1B processing is done, can I go ahead and start working in US or should I apply for COS? Also, if the VO asks about my H1B processing in H4 interview, won't it be a problem? Would it make sense to go to Chennai for H4 stamping as my husband went there and his stamping and renewal were successful?

[shervin143]

Thanks for the quick response. Do you have any idea of the processing times for Hyderabad consulate?
>>> No ne can predict the processing time since it is case by case basis.

I am confused. If I get H4 stamped and go to US, will my H1B be still under process?If they ask for my passport after H1B processing is done, can I go ahead and start working in US or should I apply for COS? Also, if the VO asks about my H1B processing in H4 interview, won't it be a problem?
>>> If you don't care about the H1B visa stamp in your passport, then you can go ahead and withdraw the H1B application. You will have to mentioned this has visa rejection is all your future applications. Alternatively, you can let the H1B processing go on and apply for the H4. If H4 gets approved, then you can travel to U.S. If you want to work, file a COS from H4 to H1B and when that gets approved, yuou can start working. In the mean time, if the h1B admin process gets completed and if the consulate asks for your passport, you have to travel back, get the H1B stamped and return back in H1B visa. You would the best person to judge what your situation is and you should decide acordingly.


Would it make sense to go to Chennai for H4 stamping as my husband went there and his stamping and renewal were successful?
>>> It really doesn't matter where you attend the visa interview.

[cpcys0]

Few more questions

Thanks for your patience in guiding people like me

I have few more questions.

By applying for H4, you mean go for H4 stamping in India right?If my H1B is still in processing during my H4 stamping, do I have to mention it anywhere? Technically it is not rejected yet so I think I dont need to mention anything
If I apply for COS from H4 to H1 after going to US , when that gets approved, will I get a new I94? Can I travel outside of US(Canada) using H1 I94? If not, can I use my H4 I94?
I have a valid L1 petition currently. Will that affect my H1 221g processing? My L1 I94 expired already. Also, If I chose to go for l1 stamping instead of h4, do I have to mention anywhereabout my H1G processing?

[shervin143]

By applying for H4, you mean go for H4 stamping in India right?
>>> Yes, I thought you are currently out of U.S since you said that you received a 221g while visa stamping. Are you in U.S right now or outside U.S?

If my H1B is still in processing during my H4 stamping, do I have to mention it anywhere? Technically it is not rejected yet so I think I dont need to mention anything
>>> Receiving a 221g is considered rejection until the 221g gets cleared later. So you have to mention it has visa refusal while filing the H4 application.

If I apply for COS from H4 to H1 after going to US , when that gets approved, will I get a new I94? Can I travel outside of US(Canada) using H1 I94? If not, can I use my H4 I94?
>>> What are you talking about? The basic rule is to surrender the I-94 when you leave the country. If you haven't done that, there won't be any exit record against you and when thaht I-94 expires, it will show as if you have over stayed. Everytime you re-enter U.S, you will get a new I-94 at the POE.

I have a valid L1 petition currently. Will that affect my H1 221g processing?
>>> No. L1 petitiion has nothing to do with your H1B stamping process.

My L1 I94 expired already. Also, If I chose to go for l1 stamping instead of h4, do I have to mention anywhereabout my H1G processing?
>>> You keep talking about I-94 and 221g. Are yo in U.S or outside U.S? If yuo are outside U.S, I-94 shuold not be an issue since yuo should have surrendered it when you left U.S. Like mentiioned above, you have to mention the 221g on H1B as visa rejection until it gets cleared.

[cpcys0]

By applying for H4, you mean go for H4 stamping in India right?
>>> Yes, I thought you are currently out of U.S since you said that you received a 221g while visa stamping. Are you in U.S right now or outside U.S?
-------I am in India

If my H1B is still in processing during my H4 stamping, do I have to mention it anywhere? Technically it is not rejected yet so I think I dont need to mention anything
>>> Receiving a 221g is considered rejection until the 221g gets cleared later. So you have to mention it has visa refusal while filing the H4 application.
------- I read in a forum that H4 might be rejected if we attend stamping without withdrawing H1B petition during 221g processing. I do not doubt your answer but I am confused with so much conflicting information. Can you please confirm that I can go for H4 and still continue my 221g processing?
If I apply for COS from H4 to H1 after going to US , when that gets approved, will I get a new I94? Can I travel outside of US(Canada) using H1 I94? If not, can I use my H4 I94?
>>> What are you talking about? The basic rule is to surrender the I-94 when you leave the country. If you haven't done that, there won't be any exit record against you and when thaht I-94 expires, it will show as if you have over stayed. Everytime you re-enter U.S, you will get a new I-94 at the POE.
------ I am in India , Now if I go to US on H4 , I will get a I94 for my H4 visa at the POE.My concern is I need to go to Canada in December for a family reunion and I am trying to decide if I should apply for COS before December , I am wondering whether I will have valid stamped visa to reenter US if I apply for COS. Hope I am clear now , I mentioned I94 incorrectly in couple of places, I meant stamped visa