Consular process for 221g pending case for H4 in India, PD current

[sreedesi]

Hi,

My wife had “Administrative Process” for her H4 dependant visa in india for the past 2 months. As I searched the blogs there seem to be unpredictable wait time for “Administrative Process”. It might even take an year as well. My PD is current. Can I file consular process for my wife while her status is pending under H4.At the same time can I file I485 for myself here in US. What would happen if her H4 gets denied, Can they still process her Consular Process application.What would be the wait time . Please advise .

Thanks,

[Belle]

You can only do CP for her after your I-485 is approved. Talk to your lawyer whether it would make more sense for you to file I-485 now or wait until your wifle's entry to file together. Filing now may have a downside that your wife will have her H4 approved after your I-485 approval (and no longer can enter on H4 because you are no longer on H1) but before her following to join case is sent to the consulte. Her H4 denial is irrelevant unless it happens due to prior illegal presence or criminal issues, which I don't think is the case here. Overall, this sucks.

[sreedesi]

Thanks a Lot Belle :).

[sreedesi]

Hi Belle my wife got her H4 approval. Thanks for your time and prompt response.

I know these days H4/H1 stamping is quite frustrating and quite annoying.

I am in US. My wife went to India for her H4 stamping at Hyd consulate

My wife had a bitter experience for her H4 stamping. . Not all the cases gets scrutinized but just in case. I want to share my experience so that others might not suffer the same.

For those who are preparing for their H4 stamping.

Please carry your spouse updated LCA with your current client added to the LCA if you are in the EVC(Employer Vendor Client model).check the last page of your LCA if the client is listed in the addendum. They might ask your wife where the spouse is working .in that case she need to mention the work location of the client mentioned in the addendum.

If you don’t have the client letter, please take the conversation from the client that they were not able to provide client letter.

IF you don’t have the conversation take the Purchase order or the contract between vendor and your employer.

If you don’t have any of those. Take the letter from your employer and the vendor ,vendor stating that you r working with so and so client. This might or might not work (50% chance)

If you don’t have any of those carry timesheets from your client or photos or ID card photos of your spouse at the work location.(40% chance ,just guessing)

Please carry other documents such as Employer letter mentioning your salary, W2 wages of your spouse for last 2 years, paystubs for last few months(3-6months), Spouse H1 approval I-797.

Interview Date Attended : 12/11/2011(mm/dd/ yyyy) got 221g see below for documents asked

Documents Submitted Date :1/25/2012

Asked to submit passport : 1/29/2012

My Wife got her H4 Approval on 02/15/2012

221g - Asked each and every document from me and my employer

From employer(It Returns, Financial documents for the last 2years,notarized list of employees and job locations of each and every employee working in the company)

From me( LCA ,Evidence of Extension of legal stay in US, Contract between employer and client, Client letter, last 1 year bank statements and last 1 year paystubs, 2 years of w2,A notarized list from employer explaining the failure to pay minimum wages(my minimum wages are met, did provide a document stating that i have met min wages))

All these document mentioned in 221g are not mandatory for you to carry for your H4 stamping

[sreedesi]

I know these days H4/H1 stamping is quite frustrating and quite annoying.

I am in US. My wife went to India for her H4 stamping at Hyd consulate

My wife had a bitter experience for her H4 stamping. . Not all the cases gets scrutinized but just in case. I want to share my experience so that others might not suffer the same.

For those who are preparing for their H4 stamping.

Please carry your spouse updated LCA with your current client added to the LCA if you are in the EVC(Employer Vendor Client model).check the last page of your LCA if the client is listed in the addendum. They might ask your wife where the spouse is working .in that case she need to mention the work location of the client mentioned in the addendum.

If you don’t have the client letter, please take the conversation from the client that they were not able to provide client letter.

IF you don’t have the conversation take the Purchase order or the contract between vendor and your employer.

If you don’t have any of those. Take the letter from your employer and the vendor ,vendor stating that you r working with so and so client. This might or might not work (50% chance)

If you don’t have any of those carry timesheets from your client or photos or ID card photos of your spouse at the work location.(40% chance ,just guessing)

Please carry other documents such as Employer letter mentioning your salary, W2 wages of your spouse for last 2 years, paystubs for last few months(3-6months), Spouse H1 approval I-797.

Interview Date Attended : 12/11/2011(mm/dd/ yyyy) got 221g see below for documents asked

Documents Submitted Date :1/25/2012

Asked to submit passport : 1/29/2012

My Wife got her H4 Approval on 02/15/2012

221g - Asked each and every document from me and my employer

From employer(It Returns, Financial documents for the last 2years,notarized list of employees and job locations of each and every employee working in the company)

From me( LCA ,Evidence of Extension of legal stay in US, Contract between employer and client, Client letter, last 1 year bank statements and last 1 year paystubs, 2 years of w2,A notarized list from employer explaining the failure to pay minimum wages(my minimum wages are met, did provide a document stating that i have met min wages))

All these document mentioned in 221g are not mandatory for you to carry for your H4 stamping

[Belle]

Congratulations! Hope everything goes smoothly now.

Looking at the list of required stuff for H1 stamping, it sleams to me it would be easier just to find a new regular non-contractor job.