Attend H4 visa when H1B(221g) is pending

[chinna.chandu]

Hi,

 

My wife was on H4 dependent status last year and got her H1B approved end of last year from November. She is planning to attend for H1B stamping in Canada(Calgary) on Mar31. Can you please let me know the following:

 

1. If visa officer issues H1b (221g) can my wife apply for H4 when the case for H1b (221g) is under administration processing by the US consulate ? 

2. Is there a particular gap that we need to have before applying for the H4 visa ?

3. Can she attend for H4 visa in the same week in which she attended for H1B  visa stamping when H1B case is still pending?

4. If she gets the H4 visa, what happens when his H1b visa gets accepted (or the case closes)? what are the next steps then ? Can she go back to H1b ? If so, what is the procedure ?

5. if his h4 is approved, consulate will keep the passport and send it back to you in 2 weeks. ?

6. And during that time or after, they also approve h1b and call for the passport, you will have to send the passport back to them once u get it back with h4 stamp.. ? 

7. And then they will revoke h4 and give u h1 ?

8. Also do we need to attended H4 visa in the same consulate where 221g was issued?

 

Your prompt response is highly appreciated as I have to plan for H4 stamping.

 

Thanks

Nithin

[jairichi]

 

Hi,

 

My wife was on H4 dependent status last year and got her H1B approved end of last year from November. She is planning to attend for H1B stamping in Canada(Calgary) on Mar31. Can you please let me know the following:

 

1. If visa officer issues H1b (221g) can my wife apply for H4 when the case for H1b (221g) is under administration processing by the US consulate ? 

2. Is there a particular gap that we need to have before applying for the H4 visa ?

3. Can she attend for H4 visa in the same week in which she attended for H1B  visa stamping when H1B case is still pending?

4. If she gets the H4 visa, what happens when his H1b visa gets accepted (or the case closes)? what are the next steps then ? Can she go back to H1b ? If so, what is the procedure ?

5. if his h4 is approved, consulate will keep the passport and send it back to you in 2 weeks. ?

6. And during that time or after, they also approve h1b and call for the passport, you will have to send the passport back to them once u get it back with h4 stamp.. ? 

7. And then they will revoke h4 and give u h1 ?

8. Also do we need to attended H4 visa in the same consulate where 221g was issued?

 

Your prompt response is highly appreciated as I have to plan for H4 stamping.

 

Thanks

Nithin

 

1. She might be asked by VO to withdraw her H1B application before she can face H4 visa interview. In some cases they do allow.

2. No. I would say give a day or two at least.

3. Refer 1 & 2.

4. If she gets H4 visa and travels to US then employer has to file COS from H4 to H1B and pay H1B fees again. Only on approval she can join employer.

5. If approved she might get it within a week.

6. She cannot have H1B in administrative processing and get H4 approval. Refer 1.

7. Refer 1.

8. Refer 1.