H4 while H1B in 221G

[Nimo2019]

My wife has an approved H1B petition. She went to Chennai consulate for stamping on Jan 7 2019. She was given a blue slip 221g asking documents regarding employer tax returns and the project, since it was a in-house project. It has been 2 months now and the case is still in Admin processing.

I am currently in US on a H1B valid until end of 2020. I have the following questions,

1. Can my wife apply for H4 visa while her H1B is still in 221g admin processing?

2. I am planning to switch employer soon. If my new employer files a new petition and has the receipt, Can I still apply for H4 for my wife or wait until the new petition is approved?

Thanks.

 

[shekar11#]

On 3/3/2019 at 1:18 PM, Nimo2019 said:

My wife has an approved H1B petition. She went to Chennai consulate for stamping on Jan 7 2019. She was given a blue slip 221g asking documents regarding employer tax returns and the project, since it was a in-house project. It has been 2 months now and the case is still in Admin processing.

I am currently in US on a H1B valid until end of 2020. I have the following questions,

1. Can my wife apply for H4 visa while her H1B is still in 221g admin processing?

2. I am planning to switch employer soon. If my new employer files a new petition and has the receipt, Can I still apply for H4 for my wife or wait until the new petition is approved?

Thanks.

 

1. Yes, she can. But need to withdraw H-1 visa stamp application before going for H-4 stamping.

2. You need to wait until the new employer petition is approved. So better for her to go for H-4 stamping and then you can change after she comes back to US.

[Nimo2019]

On 3/4/2019 at 12:24 PM, shekar11# said:

1. Yes, she can. But need to withdraw H-1 visa stamp application before going for H-4 stamping.

2. You need to wait until the new employer petition is approved. So better for her to go for H-4 stamping and then you can change after she comes back to US.

Thanks Shekhar.

My wife's H1b visa application has been rejected by the Consulate and her petition is sent back to USCIS after being in 221(G) status for 3 months .Now I am planning to get her to the US via H4 based on my H1B petition.

My question is should the H1B application be withdrawn before applying H4 or we can directly go for H4 interview now that the H1B application is denied at the consulate?

[shekar11#]

8 hours ago, Nimo2019 said:

Thanks Shekhar.

My wife's H1b visa application has been rejected by the Consulate and her petition is sent back to USCIS after being in 221(G) status for 3 months .Now I am planning to get her to the US via H4 based on my H1B petition.

My question is should the H1B application be withdrawn before applying H4 or we can directly go for H4 interview now that the H1B application is denied at the consulate?

Since the application is denied, your spouse can now directly go for H-4 visa stamping.