Returning on H4 while H1B stamping is pending 221g

[sumpan]

Hi folks,

My wife was here in the US on H4 visa. An employer applied for her H1B with change of status. H1B got approved but change of status was denied because she traveled outside while the petition was pending. So she went to India for H1B stamping. At the visa interview, she got a yellow 221-g letter for administrative processing. They did not take her passport, but took a copy of H1B petition. They also canceled her stamped H4 visa which is valid till 2014. She doesn't want to wait in India for this processing to finish as she is studying part-time and has her exams coming. Can she apply for an H4 interview and get it stamped again? Or that option is not there because H1B is in administrative processing? If this is the case, what's her options?

This is kind of urgent.
Thanks in advance for advise.

[kabkaba]

She can apply for H4 and return, however she cannot work until her status becomes H1.
The 221g will need to be mentioned as denial in her H4 application, but it will not affect her H4 application. If later on 221g is cleared, she can return to home country and submit her passport for Visa issuance.

[sumpan]

Does she/employer need to withdraw the H1B application before she can interview for H4?

[shervin143]

Not required..

Does she/employer need to withdraw the H1B application before she can interview for H4?

[sumpan]

But isn't it the case of two conflicting intents simultaneously? If she applies for H4 again, won't they ask her to decide on pending H1B application and give her an opportunity to either wait for H1B decision, or cancel pending H1B so that they can move ahead with H4 application?

[Ksr0810]

Bro,

H1 and H4 , both are different. You can go for H4 while H1 is pending. But you need to mention in DS160 that your wife visa got rejected earlier. They wont give choice to pickup between H1 and H4.
Even though if asked , suggest you to go for H4 visa since H1 might take long time in admin process compared to H4.


Regards
KSR

[sansri]

Sumpan,

I am in the same situration. My wife's h1B is under 221(g) processing and i am planning on applying for H4. Please let me know your H4 stamping experience. Did you withdraw H1 application?

Any info would be greatly appreciated.

Thanks,
Sri

[aTesting]

My wife had the same situation. We applied for her H4 and she got it. We did not withdraw the H1 221g application. The interview was normal. The VO asked her she had applied for H1 visa one month back and she said Yes. No further questions were asked on previous H1 application
We applied at Mumbai consulate.

Hope this helps

[sansri]

One question:

In filling DS-160, primary occupation field, what should we select?

Homemaker
Not Employed
Other

Thanks,
Sri

[hivenkata]

My wife case also like your wife

My wife had the same situation. We applied for her H4 and she got it. We did not withdraw the H1 221g application. The interview was normal. The VO asked her she had applied for H1 visa one month back and she said Yes. No further questions were asked on previous H1 application
We applied at Mumbai consulate.

Hope this helps

we both are in H1B. Right now I am H1B IN USA. She went to india for H1B Stamping after changing her status to H4-H1. But VO returned her passport and kept the I797C and other company documents. After a week they told that it is still in process (might be admin processing). That's why I am planning to bring her back on H4. If so, can she apply for H4 at the same consulate without withdrawing her H1B application ? pls reply with your experience.

[madhuran]

Guys please reply your experience I am also in same boat, but when we mailed ustraveldoc support they told us to first withdraw your H1 admin processing case.

[madhuran]

we both are in H1B. Right now I am H1B IN USA. She went to india for H1B Stamping after changing her status to H4-H1. But VO returned her passport and kept the I797C and other company documents. After a week they told that it is still in process (might be admin processing). That's why I am planning to bring her back on H4. If so, can she apply for H4 at the same consulate without withdrawing her H1B application ? pls reply with your experience.

Hello,

My wife got green slip with Admin processing for her H1B stamping, for last 2month no update on that, so we decided to go for H4 visa, so I have two questions,

1. We need to withdraw our H1B case from consulate? if yes how?
2. someone with simpler experience can comment about their H4visa interview?

We really need some similar experiences

thanks

[madhuran]

Finally after waiting for 7 weeks for 221g to clear we applied for H4 and yeyyy H4 approved withing 2 min interview and passport in hand in 2 days

[tester15]

Finally after waiting for 7 weeks for 221g to clear we applied for H4 and yeyyy H4 approved withing 2 min interview and passport in hand in 2 days

Hi madhuran,

Could you please share your contact details.
I'm also stuck in the same boat. I've been waiting for my H1 B stamping since 4 months and now I have decided to travel on H4.
Could you please tell me what should the contents of the application for the withdrawl of the passport (Not the withdrwl of the H1 application) be?
Also, did the VO ask any H1 related questions to your wife when she appeared for the H4 interview??

Please please help!!

[h1b_221G]

H1b 221g to H4

Did you get your H4 approved, Madhuran.. DId you withdraw h1b petition before applying for h4.?? Please share.

Hi madhuran,

Could you please share your contact details.
I'm also stuck in the same boat. I've been waiting for my H1 B stamping since 4 months and now I have decided to travel on H4.
Could you please tell me what should the contents of the application for the withdrawl of the passport (Not the withdrwl of the H1 application) be?
Also, did the VO ask any H1 related questions to your wife when she appeared for the H4 interview??

Please please help!!