Delay in H4-221g admin processing due to H1B start date?


saif007

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I was on OPT when my employer filed for my H1B last year (OPT was valid till Aug 2011). After receiving the I-797 approval notice I went to India in Feb this year, got married and then my wife and I applied together for our visas at the Kolkata consulate. We both were put on 221g. I received my passport with the visa about 5 weeks later while my wife is still awaiting her H4 visa (5 months now). I'm curious, but is the delay due to the fact that the consulate is waiting for my H1B to kick in from Oct 1st this year before they will issue her the visa or am I missing something? Any insight will will be greatly appreciated. Thanks!

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If you have applied H1B in 2010, how come it starts this year, it should have started on Oct 1st 2011 or later date, since you applied in H1B 2011 quota. Please check your status, i think you are already in H1B Status. or i might have got everything wrong here. i think H4 is under Admin Processing.

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I got married last month and my wife went for the visa interview 5 days later on June 30th.

She took my latest extension I-797 with her which is valid from 8/28/2011 and was given a 221g pink slip at chennai.

My question is, was she given the 221g because the petition start date is 2 months later?

This was not a new petition, but an extension. The VO did take a look at my passport which has a H1B stamp currently valid based on my previous I797.

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@kalyan2985

Thanks for the reply. I guess I should have been more clear in my explanation. The petition was filed on Oct 13, 2010. The notice date on my I-797 approval is Dec 2, 2010 and valid till Oct 31, 2013. So then is it for the FY 2010 or 2011? I'm presuming 2011, right?

If it is 2011, then could that explain the reason for the delay in administrative processing of my wife's H4 visa? Are they waiting till Oct 2011 for my H1B to officially kick in before they will approve her visa?

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@asayed

yes she does have an undergrad degree in biotech. But the VO did not even ask her about her undergrad specialization before giving her the 221g neither did she see any of her educational docs. She was told that the visa is approved but we need to do some additional processing before issuing it.

I am guessing its a security clearance. All we can do is just wait

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