H1 B under 221(g), can I apply on H4

[nahid0307]

Hello ALL ,

I have appeared for an interview at chennai for my H1 B on 23rd Feb 2012, I was issued 221(g) pink slip, officer took my passport and said you qualified for visa but need to go admin processing and issued 221(g) pink slip and asked me to wait when my number is called go to counter 33 and submit for the requested documents. lady asked me my sibling info, any research work in my IT field after comlpting my MS from USA , travel to any other country(my answer was No as i never did other then US). On asking she said you have been issued visa sir but we need to do admin processing and kept my passport with her.

Its been more then 11 months and 2 weeks and my case is still pending, my passport is still with them . My understanding for this delay is my last name which is Mohammed, because after my interview I was never asked for any supporting documents.

Recently I got married to my girlfriend who is working in US and she is on H1 B, now my question is

1. can I appear to consulate for H4 WHEN MY H1 B is under admin process(221g pink clip ).

2.As I have a common muslim last name will that again invoke a red flag and will it make me wait for another 1 yrs for the admin process which I had untill now will go invain ?

can anyone please help me on this...I appreciate your replies and suggestions

[Attorney_23]

I have many clients with the last name Mohammed. I can assure you that the consulate does not automatically give a 221(g) to every applicant with that last name. Is it possible that there was an issue with the employer?

In any case, you certainly can apply for an H-4. However, without knowing the reason the 221(g) was given to you, it's hard to say whether that will be successful. You may wish to schedule a consult with an attorney before going to the consulate.

[nahid0307]

This is one thing that we cannot say here whether its last name or my lastname +firstname, on top of that cnsulate people never tell you what is the reason for 221(g), and during this time never been my employer was consulted, I strngly believe its not employer related coz during the interview not a single question was asked about my employer.

I have many clients with the last name Mohammed. I can assure you that the consulate does not automatically give a 221(g) to every applicant with that last name. Is it possible that there was an issue with the employer? In any case, you certainly can apply for an H-4. However, without knowing the reason the 221(g) was given to you, it's hard to say whether that will be successful. You may wish to schedule a consult with an attorney before going to the consulate.