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Rajr

H1-B visa stamping on hold for administrative processing with 221(g) white slip requesting additional documents

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Hi,

My H1-B was approved last year for 3 years which is valid till 2021 September. I was working as a contractor. I came to India on the purpose of my wedding. Went to visa stamping on Feb 22nd 2019 Kolkata Consulate . I was issued 221(g) by marking the required documents like client letter, itinerary of services, pay stubs, W2’s, bank statements, tax returns on the 221(g) white slip. VO asked me to submit above marked documents if I have after she handed over the 221(g). I have submitted all the documents then and there itself except client letter and itinerary of services as I don’t have them right away. I was never issued client letter as my end client doesn’t have policy to issue client letter to contractors. I told the same thing to VO and told I have email confirmation. She asked me to submit the copy of email. I handed over the copy of email which says that my end client doesn’t have policy to issue client letter to contractors and also the email says that I work as a contractor to the end client for 40hr per week as a software developer. 

Later, the next day I came to know that my contract was ended. I should suppose to submit the itinerary of services but my employer asked me not to submit it as I don’t have project in hand.

My husband is working on STEM OPT which is valid till Feb 15th 2020. He is filing for H1-B this year. If his petition gets picked in lottery, he will be in cap-gap( status: Change of status pending). Can I go for F2 visa when he has change of status pending?

If yes, what is the procedure?

Please suggest me what I can do in this situation in order to re-enter the United States. Is there a way to convert from H1-B to F2 and F2 to H1-B(existing approved) back again.

Please advice.

 

 

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To come to USA you need valid visa. Four possible ways for you.

1. Supply what consulate needs for current visa application.

2. If you cant do 1, then find a new employer or contract and submit those documents against existing or a new visa application.

3. Apply for F2 visa, you can do this now and reunite with your husband. Your F2 will be approved on merit. (This is the best approach in case 1,2 are not viable.)

4. Wait for him to change status to h1b on oct 1st 2019 assuming his h1b gets approved after all the hope and get h4 approved for yourself. (Safest approach but as you know involves waiting and other h1b related dependency on your husband)

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9 hours ago, Rajr said:

Hi,

My H1-B was approved last year for 3 years which is valid till 2021 September. I was working as a contractor. I came to India on the purpose of my wedding. Went to visa stamping on Feb 22nd 2019 Kolkata Consulate . I was issued 221(g) by marking the required documents like client letter, itinerary of services, pay stubs, W2’s, bank statements, tax returns on the 221(g) white slip. VO asked me to submit above marked documents if I have after she handed over the 221(g). I have submitted all the documents then and there itself except client letter and itinerary of services as I don’t have them right away. I was never issued client letter as my end client doesn’t have policy to issue client letter to contractors. I told the same thing to VO and told I have email confirmation. She asked me to submit the copy of email. I handed over the copy of email which says that my end client doesn’t have policy to issue client letter to contractors and also the email says that I work as a contractor to the end client for 40hr per week as a software developer. 

 Later, the next day I came to know that my contract was ended. I should suppose to submit the itinerary of services but my employer asked me not to submit it as I don’t have project in hand.

My husband is working on STEM OPT which is valid till Feb 15th 2020. He is filing for H1-B this year. If his petition gets picked in lottery, he will be in cap-gap( status: Change of status pending). Can I go for F2 visa when he has change of status pending?

If yes, what is the procedure?

Please suggest me what I can do in this situation in order to re-enter the United States. Is there a way to convert from H1-B to F2 and F2 to H1-B(existing approved) back again.

Please advice.

 

 

Your worst nightmare has come true...you weren't supposed to go stamping with no client letter / support / week project that could end anytime. Without solid itinerary they don't even approve these days. Could have married in US. Don't know how countless people make this mistake and get stuck for years or forever. Anyways whats happened is happened. 

The above mentioned conversion is theoretically possible, but very risky. Your only real option is...

Go for F2. It's a risk with primary's F1-COS in place - but legally you are allowed / eligible to go - your chances of success are extremely low due to immigrant intent. They will have your h1 history in front of them. 

The reason conversion is risky - changing from dual intent (h1) to F2 non-immigrant intent back to dual intent h1 - could be viewed as visa fraud due to abuse of F visa just to enter US. So I would recommend don't attempt, but your choice. I have seen some get away. 

 

Edited by immijam

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19 hours ago, immijam said:

Your worst nightmare has come true...you weren't supposed to go stamping with no client letter / support / week project that could end anytime. Without solid itinerary they don't even approve these days. Could have married in US. Don't know how countless people make this mistake and get stuck for years or forever. Anyways whats happened is happened. 

The above mentioned conversion is theoretically possible, but very risky. Your only real option is...

Go for F2. It's a risk with primary's F1-COS in place - but legally you are allowed / eligible to go - your chances of success are extremely low due to immigrant intent. They will have your h1 history in front of them. 

The reason conversion is risky - changing from dual intent (h1) to F2 non-immigrant intent back to dual intent h1 - could be viewed as visa fraud due to abuse of F visa just to enter US. So I would recommend don't attempt, but your choice. I have seen some get away. 

 

Just to add...

If you decide to go F2 route, I would recommend wait for 90 days before you COS to H4 or H1, doing so reduces your chances of being flagged for visa abuse. 

Finding another contract and submitting new client documentation is always an option, especially if in the same MSA, but extremely difficult and maybe time consuming finding such combination sitting there. 

  

Edited by immijam

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On 3/27/2019 at 8:04 AM, Rajr said:

Hi,

My H1-B was approved last year for 3 years which is valid till 2021 September. I was working as a contractor. I came to India on the purpose of my wedding. Went to visa stamping on Feb 22nd 2019 Kolkata Consulate . I was issued 221(g) by marking the required documents like client letter, itinerary of services, pay stubs, W2’s, bank statements, tax returns on the 221(g) white slip. VO asked me to submit above marked documents if I have after she handed over the 221(g). I have submitted all the documents then and there itself except client letter and itinerary of services as I don’t have them right away. I was never issued client letter as my end client doesn’t have policy to issue client letter to contractors. I told the same thing to VO and told I have email confirmation. She asked me to submit the copy of email. I handed over the copy of email which says that my end client doesn’t have policy to issue client letter to contractors and also the email says that I work as a contractor to the end client for 40hr per week as a software developer. 

Later, the next day I came to know that my contract was ended. I should suppose to submit the itinerary of services but my employer asked me not to submit it as I don’t have project in hand.

My husband is working on STEM OPT which is valid till Feb 15th 2020. He is filing for H1-B this year. If his petition gets picked in lottery, he will be in cap-gap( status: Change of status pending). Can I go for F2 visa when he has change of status pending?

If yes, what is the procedure?

Please suggest me what I can do in this situation in order to re-enter the United States. Is there a way to convert from H1-B to F2 and F2 to H1-B(existing approved) back again.

Please advice.

 

 

Sorry to hear about your situation. Safest option is to wait for your spouse H-1 approval and then for H-4 stamping. I know it is tough being far away but sometimes waiting is the best option. Don't get into F-2 scenario. Anyway premium processing is available for COS to H-1 CAP applications from May 20th 2019. So it is just 2 months from now. In case your spouse H-1 is not picked then you can think about F-2. All the best and don't worry. Things will go your way this time.

Edited by shekar11#

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