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h1b2va

H1B pending on 221g - Conversion to H4

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Hi Friends,

I am in a dire need for suggestion. I have been on h1B for past 5.5 years . When me and my wife travelled down to India and went for stamping  together , mine got into 221(g) blue slip ( passport returned with no documents asked for as such) , while my wife who is also on h1b for another employer got approved.

My son who was on her dependent Visa also got approved. I also have another daughter who was born in the US. My wife travelled back with my 2 kids and is having a tough time taking care of the kids single handedly juggling with a full time job.

Waiting on 221g is uncertain ( i work on a Employer - Vendor - Client model ) . With the kids' school starting off in a few weeks , me travelling back to the US to support my family is important.

Would applying for H4 , while waiting for H1b Pending Administrative Processing 221(g) blue slip , a recommended option

Does anyone have prior experience in this kind of scenario. Any help provided is much appreciated

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13 hours ago, h1b2va said:

Hi Friends,

I am in a dire need for suggestion. I have been on h1B for past 5.5 years . When me and my wife travelled down to India and went for stamping  together , mine got into 221(g) blue slip ( passport returned with no documents asked for as such) , while my wife who is also on h1b for another employer got approved.

My son who was on her dependent Visa also got approved. I also have another daughter who was born in the US. My wife travelled back with my 2 kids and is having a tough time taking care of the kids single handedly juggling with a full time job.

Waiting on 221g is uncertain ( i work on a Employer - Vendor - Client model ) . With the kids' school starting off in a few weeks , me travelling back to the US to support my family is important.

Would applying for H4 , while waiting for H1b Pending Administrative Processing 221(g) blue slip , a recommended option

Does anyone have prior experience in this kind of scenario. Any help provided is much appreciated

You can go for H-4. My friend's spouse did that 5 years back. She was in same situation as you are in.

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Thank you for the response , Shekar. Does my chances of approval on H4 decrease , just because I am waiting on H1 221g on which decision is pending  , and that I am in my 6th year of H1B with 3 months to expiration of 6 year term.

The most likely reason the visa officer put in a administrative processing hold ( 221 g ) for me as he wanted to verify client letter 

The client letter I provided was provided by a immigration agency who is authorized to provide immigration related letters for this client( this is a new change for this client since a year or so )

The VO was not convinced why the client would not give letter on their own letterhead. He checked my I-797, LCA , I-129 , paystubs and W2s , but they were all returned back along with the passport when he handed me the 221(g) blue slip for administrative processing hold.( no documents asked for )

The only thing they kept back is the Client letter I provided

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By law, you are eligible for a derivative H4 on the back of your spouse's valid H1b status and legal employment. However, the 221g does complicate things. Any CO would assume you'd use an approved H4 as a backdoor entry and seek to change status to H1b after admission. 

H4 would likely land in AP too, but the only way to find out is to apply. 

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Ok thanks for the response. Do you think having a 10 year old and a 6 year old may sway it a bit in my favor for H4 ?

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On 7/27/2018 at 10:52 AM, h1b2va said:

Ok thanks for the response. Do you think having a 10 year old and a 6 year old may sway it a bit in my favor for H4 ?

You should be good. As the 221G was just for a client letter verification.

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thanks for the response , Shekar . I have a H4 Visa interview scheduled in Chennai on Aug 7th.

Would it be advisable to respond as " I do not intend to Work " , if the VO poses a question like "Would you work after you travel back on H4? "

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8 hours ago, h1b2va said:

thanks for the response , Shekar . I have a H4 Visa interview scheduled in Chennai on Aug 7th.

Would it be advisable to respond as " I do not intend to Work " , if the VO poses a question like "Would you work after you travel back on H4? "

Is that your plan, to not work? If so, you can respond as such. 

But if your plan is to enter the US on an H4 and start looking for work and convert to H1b, then claiming you do not intend to work would be a lie. COs are not stupid. They can figure out someone 5.5 years on an H1b is not going to be a stay-at-home dad. 

Do not lie just to get a visa!!!!!!!!!

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I know of a guy who was 11 years on L1 ( with a year discontinuity in between) , who finally went for H4 , as his company never filed for the GC.

In the interview this question , of "Do you intend to work" did not come forward at all. His H4 was approved.

However I am thinking of a scenario where this question does come forward. I know , the COs are aware of the H4 EAD , but won't the correct response be " I do not intend to work immediately" , as EADs take a while processing

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On 8/1/2018 at 12:09 PM, h1b2va said:

I know of a guy who was 11 years on L1 ( with a year discontinuity in between) , who finally went for H4 , as his company never filed for the GC.

In the interview this question , of "Do you intend to work" did not come forward at all. His H4 was approved.

However I am thinking of a scenario where this question does come forward. I know , the COs are aware of the H4 EAD , but won't the correct response be " I do not intend to work immediately" , as EADs take a while processing

Yep that is right.

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