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

[mnjkr123]

Hi!

I am on H1B and my petition was/has been approved till Sep 2020 while I was in US. 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. Fortunately/Unfortunately, my daughter's 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 alone on H4 Visa while mine H1B ( visa stamping) is under administrative processing ( 221g). Will there be no problem at the port of entry?

- 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.

- 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!!! Please URGENT RESPONSE

[pontevecchio]

I would suggest getting in touch with the firm of Murthy in Chennai for further guidance. 

[satya2k1]

Hi Mnjkr,

It is unfortunate that your H1 is under 221g. 

You have to understand that H4 is totally dependent on H1.  H4 is valid only if H1 is valid.  Your daughter may face problems at the POE because the primary H1 is not present in the USA, so H4 cannot survive by themselves without H1 primary. 

My advise is to travel together when you get your H1 visa.  You send a request to expedite the process and send along your daughter's college admission or course work start date to the consulate.  In worst case, contact your daughter's college and defer one semester course work.

You don't want to put your daughter's life in jeopardy by sending her alone.