H1b -221g candidate can apply for H4 when the case is still open?

[usa@2008]

Hell all,

I got 221g on April 10th Ottawa and still case is open and consulate folks keep sending emails ( 4 emails in 1 week duration) to get documentation and I submitted as per requested.

Now my question is, Can I apply H4 dependent visa to USA hence my spouse is on H1 only ( but spouse visa is not stamped but having H1 from last 3 years )

Please share your thoughts , thank you all...

[jairichi]

Yes, you can apply for H4 visa. But, VO might ask you to withdraw your H1B visa application before H4 visa interview.

[rahul412]

Yes, you can.

[Prabhu0504]

Hi, I am also looking for the same option, if I get stuck at different country and can come back on H4 when the H1 stamping case is pending. But for H4 stamping, you definitely don't need H1 stamping in your spouse passport, just a copy of his H1B approval notice should be fine.

[usa@2008]

Thank you so much all for your response and if I want to apply for H4 dependent do I need to go to home country or can I apply and attend the interview in canada where I attend my h1b interview on last month.Thanks again.

[usa@2008]

Thanks for your response and do I need to go to home country to attend H4 interview or can I attend visa interview in canada where I attend my h1b interview.

My H1-b case status showing as ready only from April 9th.

if I withdrawal my h1b case is there any problem With h4 interview?

I truly appreciate your help and advice.thanks

[jairichi]

Thanks for your response and do I need to go to home country to attend H4 interview or can I attend visa interview in canada where I attend my h1b interview.

My H1-b case status showing as ready only from April 9th.

if I withdrawal my h1b case is there any problem With h4 interview?

I truly appreciate your help and advice.thanks

You can attend interview in an US consulate in Canada or home country.

[rahul412]

Thanks for your response and do I need to go to home country to attend H4 interview or can I attend visa interview in canada where I attend my h1b interview.

My H1-b case status showing as ready only from April 9th.

if I withdrawal my h1b case is there any problem With h4 interview?

I truly appreciate your help and advice.thanks

Go to home country, no problem with 221g for H4.

[usa@2008]

Thank you Jairichi, Rahul. Prabhu and I just realized that my canada visitor visa is expiring on 08/05 I think that date is August 5th as per mm/dd format how we write in USA but as per canada date format my visa is exipiring on May 8th ( 08/05) 2015 only, so now again my question is can I stay in Canada one more week for my h1 result and after that can I apply for H4 dependent in Canada iteself ? Do you have any idea on if I attend the h4 interview with expired visitor visa in Canada any issues ?

FYI : I have applied renewal for Canada visitor visa on March 20th 2015 from USA itself it's still not finalized so, I send them an email about status but no reply yet.

Please adivise what I have to do now and I was calling Ottawa consulate, they are always says call after 2 pm but after 2 pm no response from customer supports.

Thank you so much for your response.

[jairichi]

Thank you Jairichi, Rahul. Prabhu and I just realized that my canada visitor visa is expiring on 08/05 I think that date is August 5th as per mm/dd format how we write in USA but as per canada date format my visa is exipiring on May 8th ( 08/05) 2015 only, so now again my question is can I stay in Canada one more week for my h1 result and after that can I apply for H4 dependent in Canada iteself ? Do you have any idea on if I attend the h4 interview with expired visitor visa in Canada any issues ?

FYI : I have applied renewal for Canada visitor visa on March 20th 2015 from USA itself it's still not finalized so, I send them an email about status but no reply yet.

Please adivise what I have to do now and I was calling Ottawa consulate, they are always says call after 2 pm but after 2 pm no response from customer supports.

Thank you so much for your response.

Think practically. Even if your Canadian visitor visa is approved how will you get it stamped by being in Canada? In my opinion you need to exit Canada on or before visa expiry (I am not 100% sure about this though). Eventually you will have to apply for H4 visa from home country due to your visitor visa expiry date. Also, check with your attorney what needs to be done.

[Prabhu0504]

Check for the near by candian consulate where you can go in person and get the vistors visa extended on the same day and H4 visa stamp can be done at Canada or home country, it doesn't make any difference...

[jairichi]

Check for the near by candian consulate where you can go in person and get the vistors visa extended on the same day and H4 visa stamp can be done at Canada or home country, it doesn't make any difference...

The nearby Canadian consulate will be in US. And, OP can not enter US.

[usa@2008]

Thank you so much both for your proper responses and as of today no reply /responses from embassy, at the time of interview as per VO it takes upto 2 weeks only but it's almost 4 weeks, thinking to stay in Ottawa week or 2 until my H1-B result comes, after that I have to go to home country to apply for H-4 if I don't hear anything from them within that time.

( FYI : few folks are suggesting to go to Jamaica for H-4 but, I have no idea how it works )

Thanks again.

[jairichi]

Thank you so much both for your proper responses and as of today no reply /responses from embassy, at the time of interview as per VO it takes upto 2 weeks only but it's almost 4 weeks, thinking to stay in Ottawa week or 2 until my H1-B result comes, after that I have to go to home country to apply for H-4 if I don't hear anything from them within that time.

( FYI : few folks are suggesting to go to Jamaica for H-4 but, I have no idea how it works )

Thanks again.

Remember if you stay illegally in any country that gets into your record, worse with Canada as I believe US and Canada share such information. 

Forget about the few folks suggesting to go to Jamaica. What happens if you get stuck there? If you go to home country even if your visa processing is delayed you can spend valuable time with near and dear ones.

[usa@2008]

Hello @ Jairichi , thanks for your valuable time on my issue and as I said my Canadian visitor is expiring on May 8th only but , when I enter into canada port of entry people gave me stay until October 10th 2015 ( 6 months from date of entry) and I was checking on this one of the person who's working with a Canadian attorney in Toronto this morning , he said that, my stay will be legal until October 2015 which is given by POE people. ( as per him, don't need to worry about visa expires date, if I want to cross the canada and wants to comeback then only will be an issue with expires visa )

Jairichi , can you please share your email address if possible. ?

[jairichi]

Hello @ Jairichi , thanks for your valuable time on my issue and as I said my Canadian visitor is expiring on May 8th only but , when I enter into canada port of entry people gave me stay until October 10th 2015 ( 6 months from date of entry) and I was checking on this one of the person who's working with a Canadian attorney in Toronto this morning , he said that, my stay will be legal until October 2015 which is given by POE people. ( as per him, don't need to worry about visa expires date, if I want to cross the canada and wants to comeback then only will be an issue with expires visa )

Jairichi , can you please share your email address if possible. ?

Excellent that you contacted an attorney about your Canadian visa expiry. So, you can stay there legally till your administrative processing is completed or Oct 10th 2015, whichever is earlier. In that case if you think you need to apply for H4 visa interview you can do so. At the time of interview VO might ask you to withdraw your H1B visa application before or after interview.

 

Kindly post your specific questions here. Contacting me by mail is not going to help you as I am not an attorney. There are many experts in this forum who could suggest you a course of action. By posting here it benefits others who are in a similar situation like yours.

[usa@2008]

Sure , I understand Jairichi and I will ask and share my issues on this here.

my DS 160 form status showing as below from 1 day earlier of my interview date and from that day onward still showing as ready only but in between status updated date was changed twice but , it dint went to administrative processing, I have been calling customer care support even she said that, she is not understanding my case status, she gave me one email address and said I have to send an enquiry to them and that's all.

I have not idea how to contact on this issue.

Do anyone have issues with status updates like ready, admin process, issued or similar ones.

Please share your thoughts on this.

Here is current status of my DS 160.

U.S. Department of State

NONIMMIGRANT VISA APPLICATION. Ready

Application ID or Case Number:XXXXXX

Case Creation Date: 09-Apr-2015

Status Updated Date: 07-May-2015

Your case is open and ready for your interview, fingerprints, and required documents. If you have already had your interview, please check your status after two business days.

Thanks for your suggestions on this.

[jairichi]

Sure , I understand Jairichi and I will ask and share my issues on this here.

my DS 160 form status showing as below from 1 day earlier of my interview date and from that day onward still showing as ready only but in between status updated date was changed twice but , it dint went to administrative processing, I have been calling customer care support even she said that, she is not understanding my case status, she gave me one email address and said I have to send an enquiry to them and that's all.

I have not idea how to contact on this issue.

Do anyone have issues with status updates like ready, admin process, issued or similar ones.

Please share your thoughts on this.

Here is current status of my DS 160.

U.S. Department of State

NONIMMIGRANT VISA APPLICATION. Ready

Application ID or Case Number:XXXXXX

Case Creation Date: 09-Apr-2015

Status Updated Date: 07-May-2015

Your case is open and ready for your interview, fingerprints, and required documents. If you have already had your interview, please check your status after two business days.

Thanks for your suggestions on this.

Send a mail to the email address provided by customer service representative. Check again online after 2 working days. Since the latest status update date is 07 May 2015 there is a possibility that a decision is taken on your H1B visa application and you will get to hear from them or change in online status update in 2 working days. Normally US consulate online updates are accurate with very few instances of error.

[usa@2008]

That's good idea Jairichi which is given by you this morning regarding to send an email( I did 2 emails from last 2 weeks no responses ) but a moment ago I have received an email and saying that, my case is still under admin processing and they want to complete as soon as possible , expect it to be completed within next week.

This is giving some relaxation too and thanks again to you !!! Will post update soon...

[jairichi]

That's good idea Jairichi which is given by you this morning regarding to send an email( I did 2 emails from last 2 weeks no responses ) but a moment ago I have received an email and saying that, my case is still under admin processing and they want to complete as soon as possible , expect it to be completed within next week.

This is giving some relaxation too and thanks again to you !!! Will post update soon...

Good to know that. I would suggest you not to be bothered by this (I know it is easy to say but it is difficult in reality), explore the place and enjoy your stay.

[usa@2008]

Hello everyone, does anyone have similar situation like below?

I have received an email last week from Ottawa embassy saying that, they are trying to complete my application Asap expected to be within THIS week, ( got 221g white slip on april 10th ) but as of today no updates from them, do anyone have similar situation, if yes please advise me, how long it can takes?? thanks for your suggestions.

[jairichi]

Hello everyone, does anyone have similar situation like below?

I have received an email last week from Ottawa embassy saying that, they are trying to complete my application Asap expected to be within THIS week, ( got 221g white slip on april 10th ) but as of today no updates from them, do anyone have similar situation, if yes please advise me, how long it can takes?? thanks for your suggestions.

Unfortunately there is no set time limit for a 221G.