H1B stamping pending at hyderabad consulate can i go for H4 stampinbg

[hbgh1b]

Hi,

I had my h1b interview 2 weeks back. I was not given any slips or 221g but the VO took all my previous h1b original docs, current I797 and did not take my passport. he said we will get back in 10 days but nothing happened and Now my case staus is in administartive processing when i checked online.

Now i am planning to go for h4 stamping as my wife is on h1 in the US.

1)Can i go for h4 stamping while h1b stamping is still pending with the consulate?

2) do i need to withdraw or cancel my existing h1b stamping application with them before i go for h4 stamping?

i see in forums that i need to with draw the existing h1b by sending a email to the consulate and then go for h4 stamping? Is that true?

Please let me know if any body had this experience before....

[sunnyhouse]

Hi,

I had my h1b interview 2 weeks back. I was not given any slips or 221g but the VO took all my previous h1b original docs, current I797 and did not take my passport. he said we will get back in 10 days but nothing happened and Now my case staus is in administartive processing when i checked online.

Now i am planning to go for h4 stamping as my wife is on h1 in the US.

1)Can i go for h4 stamping while h1b stamping is still pending with the consulate?

2) do i need to withdraw or cancel my existing h1b stamping application with them before i go for h4 stamping?

i see in forums that i need to with draw the existing h1b by sending a email to the consulate and then go for h4 stamping? Is that true?

Please let me know if any body had this experience before....

I was in the same situation last year. You can apply for H4 visa as soon as possible. No need to wait.

Your employer will need to file a new petition with Change of Status from H4 to H1 once you are back in the US.

Good Luck

[hbgh1b]

thanks sunny house... its 20 days since i went for h1b interview. still wating.

should i first cancel the exiisting h1b app which is in admin processing before i go for h4 interview? i heard [eople saying snd email to consulate before going for h4 interview? did you do that?

also should my employr revoke the h1b application with uscis before i go for dependent visa interview?

also can you tell what questions wee asked at the visa consulate?

[hasitha]

AFAIK your employer should withdraw your H1B petition before you can go for COS to H4. Check with your company attorney. Good luck!!

[sunnyhouse]

You Dont have to do anything with your H1 now..just apply for an H4 as if your going as a fresh applicant..There will ofcourse be a record of your H1 being in admin processing.. But when asked by the VO in your H4 Visa Interview give some emotional answers such as you have your wife in the US and you want to be with her..which is the most imp thing for you now. Dont tell them your game plan about re applying for your H1 after going back to the US..Take your employer in confidence and make him understand the situation as well. As the employer should be willing to re-apply for your H1 once you are back in the US (It is usually a 2 month process in premium processing to apply for COS and H1)

Regarding the questions asked for my H4 interview..I had just been married at that time.. So the VO asked me:

Date of your wedding?

Do you have photographs of your wedding?

If you are a hindu then - How many rounds did you around the fire?

What is the designation of your wife?

Where does she work? Duties?

And they could see my records that i was given a 221 g (white slip) so be frank about that..and use the emotional touch as mentioned above ;-)

You should be fine..

Good Luck

[hbgh1b]

Sunny house,

In my case i was not given any 221g at all when i went for interview. So what do i say to him if the vo asks about my h1b which is in admin process when i go for h4 interview.

Are there any contact numbers we can call and find about our case status? Did u try follwing up on ur h1...

[sunnyhouse]

Well..even if you were not given a 221g, it has been long enough time for you to apply for an H4 visa. I did not follow up on my H1B that was given 221g in Dec 2011. My EAC Case had a case update on my USCIS account as "Post Decision Review" but when my employer got the notice he did nothing but ignored it, as my new H1 was already filed and approved in April 2012. So the old H1 B notice is trash.

And as I mentioned earlier, add some emotional bollywood touch to your reason for applying for an H4. Because H1 visa processing is taking too long. And being with your wife (life partner) is more imp to you at this moment, than working in US.

Anyways..in the end it is upto you. If you are not confident of what you are doing than do not go for the H4. As for the interview, with the VO, your confidence it what matters the most..Forget the advices given on this forum.

[hbgh1b]

My wife job is evc model. will that be a problem whwn i go for dependent visa interview?these days i think they are not encouraging visaa for evc model. Do you habe any idea about this?

[sunnyhouse]

Yes, EVC model is a problem on H1b itself for H4 it is even more rigourous..This time when i went for the interview in January 2013, I myself am on EVC model..but i was lucky to get my H1b approved...but in your case you never know..i notice that it has already been 2 months since you posted first..it does not look like you are doing anything..may be you should just wait for your pending decision..Because in the end if you are not confident yourself..going for any visa interview will not help..

[H1BAP]

hbgh1b/sunnyhouse,

I am in the same boat as you were. I went for H1B stamping 2 weeks back and I was not given any 221g or any kind of white or blue slip. I was told by VO that they need some time to check about my employer information, as they were not able to pull it at that time. All my passport and documents are with them.

I am not sure what are they doing. Could you please tell me how to check for the application status?

As my wife is in US and working on H1B in EVC model, do you think it is good to go for H4 stamping? Another more important thing is, my wife is expecting baby in 2 months and at this situation I am not being with her is creating alot of tension.

As my passport is with them, do you know how to get the passport from them?

Waiting for your reply soon.

Thanks!