H1-221g cleared after 3 months (EC) now H4 stamping queries

[jaxtrprahsant]

Dear Experts,

My visa was refused under 221g for my H1b(EC model). Now, my visa is approved after 3 months. Now, my wife needs to go for her H4 visa stamping.

1. Are there chances she also gets 221g again (I assume my case was already in 221g and got cleared couple of weeks back, there shouldn't be 221g again.)

2. Currently, I am still in India. What will be the suggestion about when should she go for stamping -- if I go to US before her visa stamping then there are chances consulate may ask for last 3 months salary slips, which won't be available if she goes immidiately.

3. If she goes for stamping while I am in India and what if consulate gives her 221g and keeps original I-797 with them. In that case I can't travel to USA without I-797.

Please suggest.

[ashukla]

1. No one can assure you about this weather she will get a 221G or not, but i strongly feel that she will not get any 221G.

2. I am sure if consulate look your case by petition number then they can find the fact that guy is in India and they were helded him, so there should not be a problem. Consulate may not ask this or if they ask then she can explain the situation.

3. For H4 stamping I am sure that orignal I797 is not required she can carry a copy of it.

Wish you all the very best.