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

[nahid0307]

Hello ,

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 ?

3. Is there anything else I can do from my side other then just waiting.

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

[Attorney_11]

There is no prohibition to applying for another visa if one is eligible. The practical problem that arises is that the passport is currently in the possession of the Consulate and that may delay the H-4 issuance, if eligible. It may be wise to seek the counsel of an immigration attorney to determine if there are any litigation steps that could be applicable, or contact US Department of State directly to determine the long pending nature of the special administrative processing.

[nahid0307]

Thanks for the reply Attorney_11,

I can get my passport back, there is no restriction on it, so I guess that wont be an issue for H4.

Other thing is my 221(g) is Admin processing for my understanding its My Last Name or last name + firstname if it is so then how can I apply for my H4 again as they might again issue me 221g for same reason. is there anyway I can get to know how I can get the reason from them.

There is no prohibition to applying for another visa if one is eligible. The practical problem that arises is that the passport is currently in the possession of the Consulate and that may delay the H-4 issuance, if eligible. It may be wise to seek the counsel of an immigration attorney to determine if there are any litigation steps that could be applicable, or contact US Department of State directly to determine the long pending nature of the special administrative processing.