H4 received 221g blue slip

[nmahesh567]

Hi,

I am working in EVC model and I am currently in USA. My wife recently appeared for H4 interview. She was given blue form and many employer related and my petition related documents are asked to submit such as complete petition copy and notarized copy of list of all employees working in my company.

1. Are there any changes / incidents that USCIS has asked to revoke primary applicant’s (h1) petition in cases H4 has given blue form?

2. If my employer refuses to provide these documents, I will have to change my employer. After I join new employer, how should I proceed with this pending case?

3. Can I change employer and after joining new employer, can I submit same asked documents from new employer instead?

Thanks!

[shervin143]

1. Are there any changes / incidents that USCIS has asked to revoke primary applicant’s (h1) petition in cases H4 has given blue form?
>>> Yes. There are cases where the H1B is send back to USCIS to revoke after completing the admin processing in H4 applications.

2. If my employer refuses to provide these documents, I will have to change my employer. After I join new employer, how should I proceed with this pending case?
>>> Withdraw the current H4 application and file it again with the documents from the new employer.

3. Can I change employer and after joining new employer, can I submit same asked documents from new employer instead?
>>> Not advisable. You need to withdraw the current application and file a new one.

[nmahesh567]

[QUOTE=shervin143;261511]1. Are there any changes / incidents that USCIS has asked to revoke primary applicant’s (h1) petition in cases H4 has given blue form?
>>> Yes. There are cases where the H1B is send back to USCIS to revoke after completing the admin processing in H4 applications.

1. Is there a specific reason or just because H1 is working in EVC model gave them reason to send back to USCIS to revoke?

2. I am asking because I work in EVC model but I was never on bench and always maintained status. Still is there possibility of them asking my petition to send back to revoke?'

3. Just wanted to know if only working in EVC model can cause them to send back petition for revoke or there has to be some other issue with principle applicant.

Please reply. This is very important to me.

[shervin143]

1. Is there a specific reason or just because H1 is working in EVC model gave them reason to send back to USCIS to revoke?
>>> Reason can be anything. Employer-employee relationship in EVC model, employer not eligible to provide valid employment as per H1B regulations, unable to provide documents requested in 221g during the H4 visa interview (Mostly documents from employer like tax returns, details about all employees working for the employer), fraud committed by H1B employee, Getting arrested for any kind of crime - it can be anything.

2. I am asking because I work in EVC model but I was never on bench and always maintained status. Still is there possibility of them asking my petition to send back to revoke?
>>> It is possible if you cannot prove employer-employee relationship.

3. Just wanted to know if only working in EVC model can cause them to send back petition for revoke or there has to be some other issue with principle applicant.
>>> See answer 1. Check this post
http://www.immihelp.com/forum/showthread.php?t=97108

[nmahesh567]

1. Is there a specific reason or just because H1 is working in EVC model gave them reason to send back to USCIS to revoke?
>>> Reason can be anything. Employer-employee relationship in EVC model, employer not eligible to provide valid employment as per H1B regulations, unable to provide documents requested in 221g during the H4 visa interview (Mostly documents from employer like tax returns, details about all employees working for the employer), fraud committed by H1B employee, Getting arrested for any kind of crime - it can be anything.

2. I am asking because I work in EVC model but I was never on bench and always maintained status. Still is there possibility of them asking my petition to send back to revoke?
>>> It is possible if you cannot prove employer-employee relationship.

3. Just wanted to know if only working in EVC model can cause them to send back petition for revoke or there has to be some other issue with principle applicant.
>>> See answer 1. Check this post
http://www.immihelp.com/forum/showthread.php?t=97108

Thank you for detailed explaination.