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h1 under administrative processing .. can I apply for H4 visa

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  • h1 under administrative processing .. can I apply for H4 visa

    I went for H1 stamping and was given 221(g) saying administrative processing. It's been 12 weeks but there is no update on my case.

    My concerns/

    So can I apply for H4 mean while??? Or should I withdraw my H1 and apply for H4??

    My husband H1 us till dec 2013. So will that cause any problem .

    What questions will VO ask I'f H1 is under administrative processing
    . And what are the best suitable answers that I can give

  • #2
    You can apply for H4 Visa. There will be no need to withdraw the H1 application. 221g is considered as a denial and must be mentioned in your H4 application, it is not very likely to affect your H4 application. The Dec expiry is also not likely to affect your H4 application.
    This is my opinion and not legal advice.

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    • #3
      H1B under Admin Process and Can apply for H4

      Originally posted by kabkaba View Post
      You can apply for H4 Visa. There will be no need to withdraw the H1 application. 221g is considered as a denial and must be mentioned in your H4 application, it is not very likely to affect your H4 application. The Dec expiry is also not likely to affect your H4 application.
      Hi,

      I also also in same situation. Attended for H1B interview and got 221G. Till now no update on it and i'm planning for H4 visa. When contacted VFS office they said i need give them a letter to withdraw the H1B application in person at any VFS office with the reason for withdrawal of application. Then once the US Embassy review the request and sends an email confirmation, then only we can apply for H4 visa.

      No sure how much time they take to send the email confirmation.

      Just wanted to check in the form if any one had the same situation and how much time they took.

      Hi Parimala,

      Did you apply for H4 visa and what is the procedure you followed. Please share the details so that it will help me and the other who are in the same situation. Also if you attend the H4 visa, what question did VO asked.

      Thanks
      MA

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      • #4
        Did you go for stamping? Did they ask you to take back your H1 application first.

        Comment


        • #5
          You should get admitted to the US on H4 if your case is getting delayed for too long and you can bypass the stupid consulate and just file a COS back to H1B OR refile the H1B with better documents if the 221g results in a denial and you want to apply for another H1B visa.

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