Passport expiration while H1B 221(g) is in process

[askgupta]

Hello,

I appeared for H1B Visa interview recently in New Delhi consulate and I was given 221g Green handout. I've submitted the required documents to VFS on the same day except passport and now I'm waiting for consulate decision. My questions are:

1 - My passport is expiring on Jan 2013. If the result of 221g processing comes when my passport is valid for less than 6 months, then what will happen? Will consulate reject my H1B application due to my passport is expired?

2 - If I get new passport re-issued now while I'm waiting for the result, will I have to reapply for H1B since I'll be getting new Passport number which will be different from what was written in DS-160 and my old passport will be cancelled?

3 - If I apply for H4 (since my wife is in the US on H1B) now and get it approved and go to the US and then I get notification from consulate to submit my passport and if I don't submit my passport, will it be considered as H1B rejection? Will it affect my visa stamping in future in any way?

Please let me know.

Thanks.

[shervin143]

1 - My passport is expiring on Jan 2013. If the result of 221g processing comes when my passport is valid for less than 6 months, then what will happen? Will consulate reject my H1B application due to my passport is expired?
>>> No. The visa will be issued only till the passport expiry date.

2 - If I get new passport re-issued now while I'm waiting for the result, will I have to reapply for H1B since I'll be getting new Passport number which will be different from what was written in DS-160 and my old passport will be cancelled?
>>> No need to fill new DS160 and take the visa interview again. Just submit both the old and the new passport and they will stamp the visa in the new passport.

3 - If I apply for H4 (since my wife is in the US on H1B) now and get it approved and go to the US and then I get notification from consulate to submit my passport and if I don't submit my passport, will it be considered as H1B rejection? Will it affect my visa stamping in future in any way?
>>> If you are planning to travel in H4, then withdraw your H1B application. It will not have any impact with the future stamping.

[askgupta]

Thank you very much! It was really helpful.

Couple more questions -

1 - How much time it takes to withdraw H1B application and what's the procedure?

2 - After withdrawing H1B, can I immediately apply for H4?

3 - Are there chances of H4 rejection due to withdraw of H1B? Can interviewer ask for H1B withdraw or its refusal?

Thanks again!

[shervin143]

1 - How much time it takes to withdraw H1B application and what's the procedure?
>>> You don't have to worry about the time. All that matters is you send a request to withdraw the visa application. Just send a letter to the consulate stating that you are no longer interesting in continuing the process. Attach enough documents to identify your case (221g pending letter, copy of approval notice, passport copy etc).

2 - After withdrawing H1B, can I immediately apply for H4?
>>> Yes. You can apply for H4 even without withdrawing the H1B application. They are independent.

3 - Are there chances of H4 rejection due to withdraw of H1B?
>>> No.

Can interviewer ask for H1B withdraw or its refusal?
>>> They can. But it will not impact the case.

[askgupta]

One update on my 221(g) case:

US Embassy sent one email to VFS asking me to appear for re-interview while at the time of my original interview, the officer told me that my interview is over. I don't need to appear for interview again.

It's surprising that they are calling me again for interview. I'm wondering that this time they may keep my passport and not return for a long time.

Can anyone advise what may happen in this case? What could be the reason that embassy is calling my for re-interview?

Thanks!

[shervin143]

There are cases where candidates has been asked to appear for a second interview. Search and read those posts. The questions will primirily be about your employer and your employment. They may or may not take your passport depending on theoutcome of the interview.

One update on my 221(g) case:

US Embassy sent one email to VFS asking me to appear for re-interview while at the time of my original interview, the officer told me that my interview is over. I don't need to appear for interview again.

It's surprising that they are calling me again for interview. I'm wondering that this time they may keep my passport and not return for a long time.

Can anyone advise what may happen in this case? What could be the reason that embassy is calling my for re-interview?

Thanks!