221G on H1B, Can we apply for H4?

[kanand124]

Hello ALL,

 

My wife appeared for H1B Visa interview in November 2014, and was issued a 221g. 

 

It has been 8 months and no change in the status till date. We have sent emails to the consulate asking for an update, but the reply was that the visa application was under processing, and can not provide any timeframe for the same.

 

I am currently working in the US on H1B visa. The following are my questions:

 

Can she apply for H4 while the H1B application is pending approval/rejection?

Do we have to withdraw the H1B application to apply for H4?

Can she come on H4 to US and they search for an employer to file H1B?

Does she have to go thru the H1B quota process?

She also has B1 Visa. So can she come on B1 and apply for H1B thru new employer in US?

 

Appreciate the advice.

 

Thanks

[jairichi]

She can go for H4 visa stamping. VO would ask her to withdraw H1B visa application before or after interview. Once she enters US on H4 visa an employer can file a COS to H1B and after approval she can start working. No need to go under quota. B1 visa is business visa. 

[kanand124]

Thanks for the reply.

 

How long does she have to wait, before applying for COS to H1B? Can she do it immediately after entering US on H4?

Does it have to be the same employer who filed her H1B earlier? or any employer can file for COS to H1B?

Since the earlier H1B had 221g, what are the chances to getting the COS to H1B approved/Rejected?

 

Appreciate the advice.

[jairichi]

Thanks for the reply.

 

How long does she have to wait, before applying for COS to H1B? Can she do it immediately after entering US on H4?

Does it have to be the same employer who filed her H1B earlier? or any employer can file for COS to H1B?

Since the earlier H1B had 221g, what are the chances to getting the COS to H1B approved/Rejected?

 

Appreciate the advice.

1. Immediately. Only an employer can file.

2. Any employer.

3. Depends on reason for 221G.

[kanand124]

1. Immediately. Only an employer can file.

2. Any employer.

3. Depends on reason for 221G.

Hello,

 

I just checked with a employer regarding applying for COS to H1b from H4 visa. The employer said that my wife should have worked on H1b at least for few days earlier, to be eligible for COS to H1b. Since she has not worked before on H1B, she will not be eligible for Quota exempt, and will have to apply file a new H1B petition, and go thru the Quota process. 

 

Is this true? Please clarify. 

 

Thank You

[jairichi]

Hello,

 

I just checked with a employer regarding applying for COS to H1b from H4 visa. The employer said that my wife should have worked on H1b at least for few days earlier, to be eligible for COS to H1b. Since she has not worked before on H1B, she will not be eligible for Quota exempt, and will have to apply file a new H1B petition, and go thru the Quota process. 

 

Is this true? Please clarify. 

 

Thank You

Talk with an attorney and not employer.

[JoeF]

Hello,

 

I just checked with a employer regarding applying for COS to H1b from H4 visa. The employer said that my wife should have worked on H1b at least for few days earlier, to be eligible for COS to H1b. Since she has not worked before on H1B, she will not be eligible for Quota exempt, and will have to apply file a new H1B petition, and go thru the Quota process. 

 

Is this true? Please clarify. 

 

Thank You

 

Yes. That's a new rule which has been in effect since 2014.

See this thread: http://forum.murthy.com/index.php?/topic/79569-h1b-transfer-before-oct-1-from-outside-us-new-regulation-from-uscis/