If my H4 Rejects ??? I have 221g pending status from 6 weeks

[usa@2008]

Hello All,

I would like to apply H4 ( Ottawa canada -where my H1 interview held with 221g ) due to my H1-221g pending with past 6 weeks, they suppose to complete my case on May 8th only but as of today no updates, when ever I am calling customer service keep saying it takes up to A MONTH.

So now my question is if they reject / asks more documentation from my spouse side also( of course we have all required documents for H4 interview ) what would be in that case ?

Any similar 221g issues also for H4 folks ?

If I got H4 now, once I enter into USA can I reactive my H1 file which is pending now ??? Or do I need to apply fresh /new H1 ?

Please share your thoughts, thank you all.

[jairichi]

So you are still stuck with 221g.

H4 visa is relatively simple. It should need not be a problem to get one as long as your spouse maintains valid H1B status in US. And, if your studies/work does not come under TAL checklist you will get a H4 visa approved immediately.

After entry into US on H4 your employer has to file a cap exempt H1B petition with COS. Only after approval you can start working.

[usa@2008]

@Jairichi,

Yes you're correct , I am still waiting for their response and Was checking with them every alternate week, officer keeps saying it takes a month, so I have decided to apply for H4.

Yes my spouse is on H1 from last 35 months with no emponyer changes and no offs from work and all.

Do I need to inform my employer on this before I apply H4 ( as I said he is arguing with me and his office attorney also, he wants to me waiti until hear something from embassy, but it's more expensive here too , sure I will wait until I get approval from uscis)

All supporting documents I have already from spouse.

Quick question : what I need to say to VO ( when I go for H4 ) why I am attending a H4 from forgein country ? / why I am here ( I knew this , as of now I a waiting for my H1 from few weeks and no idea how long it will takes , I will carry all those emails which I got from embassy also, is this enough for him? )

Thanks again for your valuable suggestion to my queries.

[jairichi]

@Jairichi,

Yes you're correct , I am still waiting for their response and Was checking with them every alternate week, officer keeps saying it takes a month, so I have decided to apply for H4.

Yes my spouse is on H1 from last 35 months with no emponyer changes and no offs from work and all.

Do I need to inform my employer on this before I apply H4 ( as I said he is arguing with me and his office attorney also, he wants to me waiti until hear something from embassy, but it's more expensive here too , sure I will wait until I get approval from uscis)

All supporting documents I have already from spouse.

Quick question : what I need to say to VO ( when I go for H4 ) why I am attending a H4 from forgein country ? / why I am here ( I knew this , as of now I a waiting for my H1 from few weeks and no idea how long it will takes , I will carry all those emails which I got from embassy also, is this enough for him? )

Thanks again for your valuable suggestion to my queries.

I understand it is a tough time for you to be asked to wait in a foreign country before they could approve your H1B visa.

If employer is not onboard with you about entering on H4 as employer has to pay again and file for a COS from H4 to H1B you will be left with no option other than looking for an employer willing to file a COS from H4 to H1B.

 

Reply to VO during H4 visa interview has to be the true reason. Because VO knows why you are applying for a H4 visa now and in my opinion it will not spoil your chances to get a H4 approval.

[usa@2008]

Thank you again, sure i will make some notes on this to provide accurate info to VO.

My employer he didn't paid my h1b renewal fee either ( I paid $3500.00 even I am working with him with same client from past 36 months )

employeer office attorney sent me an email today, that they want to follow up with embassy on behalf of my side ( they are asking to issue visa asap due to employer waiting for my h1b work, ofcourse my employer will charge for this services also )

so my question is, if attorney followingup on my case , IS THERE ANY NEGATIVE IMPACT ON MY CURRENT FILE OR ANY ISSUE IN NEAR FUTURE LIKE visa transfer/ EXTENSIONS / GREEN CARD PROCESS )

Please advise on this situation too & thank you so much!

[rahul412]

Forget about H1, get your H4 and file a complaint against that FRAUD employer for asking H1 renewal fee. Paying H1 fee is ILLEGAL and you might not get H1 if USCIS once they come to know about the truth.

 

Start looking for another employer as soon as you enter into US on H4, this H1 is gone.

[jairichi]

Thank you again, sure i will make some notes on this to provide accurate info to VO.

My employer he didn't paid my h1b renewal fee either ( I paid $3500.00 even I am working with him with same client from past 36 months )

employeer office attorney sent me an email today, that they want to follow up with embassy on behalf of my side ( they are asking to issue visa asap due to employer waiting for my h1b work, ofcourse my employer will charge for this services also )

so my question is, if attorney followingup on my case , IS THERE ANY NEGATIVE IMPACT ON MY CURRENT FILE OR ANY ISSUE IN NEAR FUTURE LIKE visa transfer/ EXTENSIONS / GREEN CARD PROCESS )

Please advise on this situation too & thank you so much!

First, I believe you know that it is illegal to pay money for H1B petition processing. The cost should be borne by employer. Attorney can follow it up but there is no assurance that US consulate will expedite the process based on attorney's request.

 

 Do you have records to prove that employer took the money from you to pay H1B fee? My suggestion is if you have undisputable records for employer taking money from you for filing H1B petition file a complaint with USCIS after you enter US with a valid H4 visa. This will get your money back and later you can find a good employer and move to H1B status. Talk to a good attorney about my suggested course of action.

[usa@2008]

Sure,thanks for time, yeah I Knew that employer has to pay the h1b filling ( 1st time & renwal too) but I have no option at that time so I paid the same.

Yes, I have those check images which are given to him in 2 installments, thanks for your suggestions on this too, I am also looking to change the employer once I get entry into usa with h1/h4.

I have 1 more question here.

If I enter usa with H4,after my entry can I reactivate my same H1b application which is pending in Ottawa canada or this h1 application is gone when I attempt h4 interview. I hope you got my point. Thanks

[jairichi]

Sure,thanks for time, yeah I Knew that employer has to pay the h1b filling ( 1st time & renwal too) but I have no option at that time so I paid the same.

Yes, I have those check images which are given to him in 2 installments, thanks for your suggestions on this too, I am also looking to change the employer once I get entry into usa with h1/h4.

I have 1 more question here.

If I enter usa with H4,after my entry can I reactivate my same H1b application which is pending in Ottawa canada or this h1 application is gone when I attempt h4 interview. I hope you got my point. Thanks

After you enter US on H4 visa any employer can file a cap exempt H1B petition provided you have not reached the max allowed stay of 6 years on H1B. Once approved you can work for that employer.

[usa@2008]

@ Jairichi.... Thanks for all your suggestions and this morning (June 15th ) I appeared for h 4 and agin same thing repeated and they issued 221g white slip to further review only. I have no idea what to do but I ask you question earlier and

1) Are they going to decline my H1 due to I appeared for H4

2) VO asked that , so do you want to give up for H1, I said yes due to 2 months long wait and another 2-3 more months of waiting time , still my spouse is alone there.

3) questions asked for my h1 documentation again and luckily I carried some fee receipt and all, he took those also.

Please suggest me, what I can do now,

Are they keep both files under admin processing or only latest h4 ?

[jairichi]

@ Jairichi.... Thanks for all your suggestions and this morning (June 15th ) I appeared for h 4 and agin same thing repeated and they issued 221g white slip to further review only. I have no idea what to do but I ask you question earlier and

1) Are they going to decline my H1 due to I appeared for H4

2) VO asked that , so do you want to give up for H1, I said yes due to 2 months long wait and another 2-3 more months of waiting time , still my spouse is alone there.

3) questions asked for my h1 documentation again and luckily I carried some fee receipt and all, he took those also.

Please suggest me, what I can do now,

Are they keep both files under admin processing or only latest h4 ?

Unless VO asked for withdrawal of your H1B visa application and you did your H1B application will be processed. If it is getting too much of wait I would suggest you to think about going back to home country and spend nice time with friends and relatives. Think it as a good vacation. Once approved travel to Canada and get your H1B or H4 visa stamped.