H1 221g Blue - H4

[sg1]

Hi,

My wife went to India for a short vacation and she got stuck there. She appeared for Visa interview at chennai consulate and they gave her 221g Blue - No additional documents requested. "Aplication Processing Information" is ticked (The petetion is being returned to USCIS for further review. Upon completion of the review, USCIS will contact your petetioner. Please wait for notification from the Consulate before returning.)

Here are there key points to note:

- She was F1 Student visa when she first came to USA
- Company-X filed for her H1B using Client-A documents and she got her H1B approved last year
- 6 Months ago, she moved to Client-B where she is currently working
- LCA, Tax returns, Paycheks everything is fine. No additional documents requested by the visa officer
-When we got married, my wife was on F1-Visa, later she was on OPT and then she converted to H1B. We were in married status when she got her H1B.
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Question:
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I am in USA on H1B visa. Can my wife appear for H4 visa without revoking her H1B or by revoking her H1B? Because, I heard that checnnai consulate is holding the 22g applications for around 2-3 months. She can't stay in India that long. She'd rather quit her job and stay home. Also, my GC dates will be current in few weeks. So, she has to be here to file for 485. Any complications if she goes for H4 visa immediately??! If her H4 got rejected then we will be in

[shervin143]

No issues. She can apply for the H4 visa when her H1B is under admin process.

Question:
--------------
I am in USA on H1B visa. Can my wife appear for H4 visa without revoking her H1B or by revoking her H1B? Because, I heard that checnnai consulate is holding the 22g applications for around 2-3 months. She can't stay in India that long. She'd rather quit her job and stay home. Also, my GC dates will be current in few weeks. So, she has to be here to file for 485. Any complications if she goes for H4 visa immediately??! If her H4 got rejected then we will be in

[tpmid143]

Mean while, if her H1 gets approved, Irrespective of H4 result can she come to US on H1?

[sg1]

Hi

Hi,

I called VFS help line yesterday. They said we have to revoke the H1B application before applying for H4. The support agent told me that we can not apply for other type of Visa while one case is pending. But that guy was a customer support agent. Not sure if the information he has given was correct. He was also not sure when I asked him the question first. He was taking help from him colleagues. He also said that to revoke the H1B application, we have to send an email to Chennai consulate requesting them to with draw the H1B application.

Not sure who is correct!!

Any complications if she attends t he Visa interview on H4?!!

Shervin, are you sure about the info you have given Can you please provide any supporting document for your statement? Also if she comes here on H4 while her H1 is pending, where does she need to submit the passport? Please HELP! Thanks..

[shervin143]

If you want to follow the books, then do what VFS says. Withdraw your H1B and apply for the H4. Search and read similar posts in immihelp. The information that I post here are not legal advises. If you need one, you need to consult an immigration attorney. It is not a crime to apply two different visa applications at the same time. People have done it successfully and there were no issues whatsoever. Whether you want to try it or not is up to you. I doubt if you will find any documentation online that explains whether you can or cannot apply for multiple visas at the same time.

[sg1]

I am not able to find such cases online. Everybody says they can, but I don't seeany successful messages. Please let me know if you find any. I will also consult an immigration lawyer.

[tpmid143]

As its sensitive case, I recommend to contact Law firm. Good Luck.

PS: If my time is bad, I can get you the answer by end of next week.

[sg1]

Visa Officer kept her I797 and all the documents with him and returned the passport. There are middle vendors between her employer and client. There is no H1 transfer. But she changed the clients. She has been with the same employer from right after her college. Is it possible to apply for H4 visa without withdrawing the H1B visa application. I am getting different answers from VFS and Chennai consulate. I called the both. VFS says she can not apply for H4 visa without withdrawing her H1B application and Chennai consulate says she may apply for H4 in parallel with/without withdrawing the application. They said that it's upto the visa officer to decide whether to issue visa on H1/H4/deny. Not sure who is correct! Will it be a problem if she attends H4 visa immediately or do you think it is worth waiting for sometime on her H1B?

My H1B is valid until June 2012. So I am not sure if it's worth a wait for 2-3 months or call her on H4 visa.

[sm11235]

any update on your side?

my wife is in the same situation with 221g on H1B and I wanted to bring her on H4 visa.

Please let me know what happened to your case and what was the next steps you had taken. Your inputs will be very valuable to me.