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Can my daughter travel on H4 visa while my visa stamping 221g is in progress

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  • Can my daughter travel on H4 visa while my visa stamping 221g is in progress

    Hi!

    I am on H1B and my petition was/has been approved till Sep 2020. My daughter is on H4 with approved petition till Sep 2020. She is supposed to attend college beginning Mid Sep 2018 in USA. We recently made a visit to India and had to go for Visa stamping. We used the drop box for getting our visa stamped. Unfortunately, my daughter H4 visa has been stamped till sep 2020 but mine/my spouse has been put under 221g administrative processing. A very strange case wherein my daughter visa has been stamped but not mine.

    My dilemma is that I don't want her to miss her college/class beginning Fall semester in USA. Question is that
    - can she travel on H4 Visa while mine H1B ( visa stamping) is under administrative processing ( 221g).
    - In case she travels and I get denial under 221g, how soon she would be able to convert from H4 to F1. Whether she can remain in USA and continue her studies and at the same time apply for COS from H4 to F1 in case of my H1B visa stamping denial.
    - Should I wait for my 221g status and then book her travel for Mid September or let her travel on H4 visa before any adjudication on my visa stamping happen so that she can start her class in Mid September.
    - If she joins her class in Mid September and my 221g denial comes, what are her options? Can she immediately file for COS from H4 to F1 in USA or she would need to travel back to India and then apply for F1 ( Student Visa).

    Thanks for your response!!!

  • #2
    Can my daughter travel on H4 visa while my visa stamping 221g is in progress

    Originally posted by mnjkr View Post
    Hi!

    I am on H1B and my petition was/has been approved till Sep 2020. My daughter is on H4 with approved petition till Sep 2020. She is supposed to attend college beginning Mid Sep 2018 in USA. We recently made a visit to India and had to go for Visa stamping. We used the drop box for getting our visa stamped. Unfortunately, my daughter H4 visa has been stamped till sep 2020 but mine/my spouse has been put under 221g administrative processing. A very strange case wherein my daughter visa has been stamped but not mine.

    My dilemma is that I don't want her to miss her college/class beginning Fall semester in USA. Question is that
    - can she travel on H4 Visa while mine H1B ( visa stamping) is under administrative processing ( 221g).
    - In case she travels and I get denial under 221g, how soon she would be able to convert from H4 to F1. Whether she can remain in USA and continue her studies and at the same time apply for COS from H4 to F1 in case of my H1B visa stamping denial.
    - Should I wait for my 221g status and then book her travel for Mid September or let her travel on H4 visa before any adjudication on my visa stamping happen so that she can start her class in Mid September.
    - If she joins her class in Mid September and my 221g denial comes, what are her options? Can she immediately file for COS from H4 to F1 in USA or she would need to travel back to India and then apply for F1 ( Student Visa).

    Thanks for your response!!!

    Can someone reply please!!!!

    Comment


    • #3
      Originally posted by mnjkr View Post
      Hi!

      I am on H1B and my petition was/has been approved till Sep 2020. My daughter is on H4 with approved petition till Sep 2020. She is supposed to attend college beginning Mid Sep 2018 in USA. We recently made a visit to India and had to go for Visa stamping. We used the drop box for getting our visa stamped. Unfortunately, my daughter H4 visa has been stamped till sep 2020 but mine/my spouse has been put under 221g administrative processing. A very strange case wherein my daughter visa has been stamped but not mine.

      My dilemma is that I don't want her to miss her college/class beginning Fall semester in USA. Question is that
      - can she travel on H4 Visa while mine H1B ( visa stamping) is under administrative processing ( 221g).
      - In case she travels and I get denial under 221g, how soon she would be able to convert from H4 to F1. Whether she can remain in USA and continue her studies and at the same time apply for COS from H4 to F1 in case of my H1B visa stamping denial.
      - Should I wait for my 221g status and then book her travel for Mid September or let her travel on H4 visa before any adjudication on my visa stamping happen so that she can start her class in Mid September.
      - If she joins her class in Mid September and my 221g denial comes, what are her options? Can she immediately file for COS from H4 to F1 in USA or she would need to travel back to India and then apply for F1 ( Student Visa).

      Thanks for your response!!!
      1. Yes
      2. She can file for COS immediately after she returns to he US.
      3. Your wish. But since the timelines for your 221g clearance are not fixed, I would continue with your original schedule so that atleast she would not be in jeopardy of missing her classes.
      Just an opinion; Not legal advice.

      Comment

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