Can valid H4 visa holder travel alone to USA, when H1 primary visa holder visa stamping on 221g Pink

[Techee]

Hi All,

Me and my wife came to India on a personal trip, my wife has a valid stamped visa and 797A.

Since i did not have a valid stamped visa, i applied for visa stamping and got a 221g pink slip in chennai.

Almost more than a month there is no update on my 221g status.

Due to personal reasons my wife has to travel to US. As she has valid 797 and valid stamped visa, can she travel alone to USA while i am waiting for my H1 visa stamping to be cleared in 221g status?

Will there be any problem in port of entry?

Thanksand Regards

[desi_atlanta]

Yes.

[Techee]

Hi,

Did any one has prior experience like this?

[JoeF]

That is iffy at best. There are likely to be problems.

A dependent on H4 can be in the US if the primary person on H1 is abroad briefly for vacation. But in this case, the situation is different. The primary person can not enter on H1, so a dependent trying to enter on H4 could be seen as immigration violation.

[rahul412]

That is iffy at best. There are likely to be problems.

A dependent on H4 can be in the US if the primary person on H1 is abroad briefly for vacation. But in this case, the situation is different. The primary person can not enter on H1, so a dependent trying to enter on H4 could be seen as immigration violation.

How about this case, if the dependent is in US and primary person got struck outside the US with 221g.

[JoeF]

How about this case, if the dependent is in US and primary person got struck outside the US with 221g.

Then the dependent may have to travel out of the US.

Technically, a dependent status is only valid when the primary status is valid. If the primary person is outside the US, the primary person isn't in any status, hence the dependent status is invalid. Based on common sense, absences of the primary person due to vacations are usually excused. But other absences are not.

[Techee]

Hi All,

I have contacted my attorney to get some explanation on this.

They said this is their first experience of primary person with 221g staying in India and checking the possibility of H4 person to travel to US.

After checking with few lawyer attorney told that it should NOT be a problem to H4 person to travel US alone.

But i am not 100% confident with them.

Can any one share their experience/knowledge on this case?

[dskalra]

Hi techee, wanted to know if your wife was able to fly back to US without any issues...we are facing the same situation..

my husband's stuck here with 221g ...I have my tickets booked after 18 days for USA...got my H4 visa stamped till 2015...

don't know what to do...plz. reply as soon as possible...while still hoping and praying that my husband's visa is issued before that...

[Techee]

Hi dskalra,

 

My wife did not traveled yet. Since there is a possibility of rejecting during board of entry i have advised my wife to stay with me.

 

Let me know if you have entered US with out any issues

[bhalc]

Hello dskalra & techee...please share your experience so that others can learn about this situation.