H1B stamping - Got 221 g - withdrawing passport - Already having H4 visa


sulabh.baheti

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Hi,

My wife was in US on H4 visa. I got her H1b raised through a company and during her visa stamping at New Delhi, she got 221g. They didn't ask for any additional documents to be submitted. Visa officer took all her documents including original petition, passport etc. It's been a month now and the status still shows as 'Administrative Processing'.

I am not sure how much time it will take though I got to know through different forums that it can take from weeks to several months. Hence, I am planning to bring her back to US and for that I need to withdraw her passport.

1. If I withdraw her passport, does it have any impact on current H1B-Administrative-Processing?

2. Also, it would not have any impact on her existing H4 visa, right? And she can still travel back to US on H4?

3. In case, if her visa is approved later, does she need to go back to India for stamping or can I ask her employer to file for COS?

Please suggest on what should I do.

Your response is greatly appreciated. Thanks.

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1. First there is no withdrawal of passport. You can request return of passport. As long as visa application is not withdrawn administrative processing will proceed.

2. Only if H4 visa is not cancelled by consulate.

3. If she enters US on H4 her employer can file a COS to H1B. For this employer has to pay H1B fee.

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