vital Posted February 1, 2012 Report Share Posted February 1, 2012 Hi, I have gone to H1 B visa interview on Dec 2nd 2011 at Hyd and was given 221(g) white sheet. I submitted the mentioned docs in the white form on 9th Jan 2012 (I-129, LCA, USCIS letter). No update since then. My wife is in US who is on H1 B visa working as a full time Electrical Engineer. We got married on Dec 15th and now I am planning to go for H4 visa. Can it be possible to go for H4 visa interview while my H1 B is under administrative processing ? If yes, how should I answer VO if he asks me why am I applying for H4 when my H1B is under admin processing in a convincing way? Please help me. Thank you in advance. Link to comment
221g_processing Posted February 1, 2012 Report Share Posted February 1, 2012 1. Yes it is possible to go for h4 stamping while your h1 is pending 2. You can say you want to spend some goodtime with your family that is why you want to go on h4 good luck Link to comment
Chitown01 Posted February 1, 2012 Report Share Posted February 1, 2012 1. Yes you can apply for h4 while h1 is pending. 2. mention that your family (spouse) is in the USA and would like to spend time with him/her Link to comment
vital Posted February 9, 2012 Author Report Share Posted February 9, 2012 Thank you 221g_processing and Chitown01 So what happens to my H1 if my H4 is approved ? Does it get overwritten ? or will the process go in parallel until a final decision is made ? If the process is in parallel and my H1 is approved while I am on H4 can I start working in US ? Please let me know. Thank you in advance. Link to comment
rrr2008 Posted February 9, 2012 Report Share Posted February 9, 2012 yes I guess it will get overwritten. You can apply for Change of status to h1 when you are back in US. Link to comment
vital Posted February 9, 2012 Author Report Share Posted February 9, 2012 Thank you rrr2008 So the COS to H1 will be a cap exempt ? or do I need to apply for a new H1 as I did earlier and wait until Oct 1st to start my work ? Link to comment
goodluckishere Posted February 9, 2012 Report Share Posted February 9, 2012 It will be cap exempt Link to comment
Chitown01 Posted February 9, 2012 Report Share Posted February 9, 2012 Yes your h1 will be camp exempt because your petition was approved in past, You can work only after your h4 to h1 petition is approved. You cannot work on recipet number Link to comment
vital Posted February 10, 2012 Author Report Share Posted February 10, 2012 Thank you goodluckishere and Chitown01 This information gives some hope. My attorney called me today to discuss my case. He advised me to wait for the H1 result and then apply for H4 (if H1 is rejected). He doesn't want me to by-pass the administrative processing as it MAY raise a query in future during the COS to H1 status. Back into dilemma now. Link to comment
Chitown01 Posted February 10, 2012 Report Share Posted February 10, 2012 Follow the attorney advise... they will be processing your case so just wait Link to comment
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