H4 Visa Application Information (while H1b is on 221g)

[dimps_desai]

Hello,

My husband received 221g for his H1b visa.. I have a few questions:

1. We are applying for his H4 visa within 10 days of his h1b interview date - is that a problem ?
do we need a gap of fix number of days before going for h4?

2. While submitting the DS160 form for H4 visa, how do we answer the following questions:

a. Has your U.S. Visa ever been cancelled or revoked? - YES/NO
explain ? - what should we write as explanation ?

b. Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the port of entry? - YES / NO
explain ? - what should we write as explanation?

The earliest response would be truly appreciated...

Thanks a lot,
Dimpee

[varun8211]

is it at all possible to apply for h4 while h1 is under 221g ?

i called their helpdesk and they said - u have to withdraw ur h1b in order to apply for h4 .. is that true?

[shervin143]

1. We are applying for his H4 visa within 10 days of his h1b interview date - is that a problem ?
do we need a gap of fix number of days before going for h4?
>>> No issues. You can apply.

2. While submitting the DS160 form for H4 visa, how do we answer the following questions:

a. Has your U.S. Visa ever been cancelled or revoked? - YES/NO
explain ? - what should we write as explanation ?
>>> Have you ever been refused a U.S visa at a Consulate? If yes, then answer YES and explain the reason that was given to you for the visa refusal.

b. Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the port of entry? - YES / NO
explain ? - what should we write as explanation?
>>> The question is very clear. Answer YES if you were ever refused a U.S visa or denied entry into U.S at the POE and give the reason that was given to you. Otherwise answer NO.

[shervin143]

is it at all possible to apply for h4 while h1 is under 221g ?
>>> Possible.

i called their helpdesk and they said - u have to withdraw ur h1b in order to apply for h4 .. is that true?
>>> You need to do that only if the primary applicant's approval notice (I-797) is with the consulate pending 221g. If you have original approval notice of the primary H1B holder, then you can go ahead and apply for H4.

[dimps_desai]

So re-iterating for confirmation:

My H1b is valid and have the visa stamped (Dimpee - wife)
My husband went for H1b visa and got 221g for more documentation - he can apply for h4 as long as I have confirmed I797 and visa on my passport.. Correct ?

Does it not matter that he has applied for 2 visa's at the same time ?

Would 221g be considered U.S. Visa being cancelled or revoked ?

Appreciate your prompt response, thank you
Dimpee

[shervin143]

My H1b is valid and have the visa stamped (Dimpee - wife)
My husband went for H1b visa and got 221g for more documentation - he can apply for h4 as long as I have confirmed I797 and visa on my passport.. Correct ?
>>> That is correct. Your visa is not important. Your valid I-797 approval notice is what is important.

Does it not matter that he has applied for 2 visa's at the same time ?
>>> No.

Would 221g be considered U.S. Visa being cancelled or revoked ?
>>> You have to mention it as visa refusal until the 221g gets cleared. If 221g gets cleared later, then you can answer NO in the future visa applications.