Please advise...H1 is in AP. is it advisable to file H4?

[vaibhavsinghal]

I and my husband have given the visa interview on 8th Oct at delhi consulate and we were told that our visa are approved. However after 2 days my husband received an email to collect his passport but my visa has gone for administrative processing. My husband work for a big pharma company and I work as a contractor. I came to US in 2012 on H4 visa and got an H1 in cap exempt category in Aug 2012 as I have a earlier H1 from a big 4 company. My employer has initaited a GC too in May 2013.

I need a suggestion in this situation. Should I wait till AP get over or should I file a H4 as my husband has a approved visa till 2016 and file an amendment once I reach US? if I file a H4, what is the possibility that it will go for any admin processing or rejection? Please advise.

Thanks for your valuable inputs in advance.

 

Thanks & Regards

PM

[jairichi]

To apply for a H4 visa when your H1B petition is in AP, VO might ask you to withdraw your H1B application first. If H4 visa is successful and you enter US with a H4 visa then to move to H1B status employer has to file a COS and pay H1B fee again.

[vaibhavsinghal]

Thanks for the info.

 

Will I get H4 without any issue or AP for H1 will create an issue for H4 as well?

[jairichi]

Thanks for the info.

 

Will I get H4 without any issue or AP for H1 will create an issue for H4 as well?

H4 is simple. All you need is a copy of your spouse's I797.