Wife's H1B under 221G review can we apply for H4 now?

[Rpluss]

My wife is stuck in India during our vacation as her H1B visa was put under 221G review pending employer's tax returns.Her US employer is not willing to submitting their tax returns to the state department. I want to get her back to the US on H4 dependent visa as soon as possible due to various personal reasons.

- Can she make an appointment with the consulate for H4 visa now while her current H1B visa is still under 221G review? If yes Should we prepare for any uncertainties during her H4 visa interview?
- Should we check with ustraveldocs before making her H4 appointment?

Thanks.

[raghvi]

My wife is stuck in India during our vacation as her H1B visa was put under 221G review pending employer's tax returns.Her US employer is not willing to submitting their tax returns to the state department. I want to get her back to the US on H4 dependent visa as soon as possible due to various personal reasons.

- Can she make an appointment with the consulate for H4 visa now while her current H1B visa is still under 221G review? If yes Should we prepare for any uncertainties during her H4 visa interview?
- Should we check with ustraveldocs before making her H4 appointment?

Thanks.

- Yes she can. They would most likely ask her to give in writing that she is abandoning her H1 request.
- Sure you can, but I doubt they will provide any legal guidance.

This is my opinion not legal advice.