H1 is in administrative processing. is it advisable to file H4?

[vaibhavsinghal]

I and my husband have given the visa interview on 8th Oct at delhi consulate and we were told that our visa are approved. However after 2 days my husband received an email to collect his passport but my visa has gone for administrative processing. My husband work for a big pharma company and I work as a contractor. I came to US in 2012 on H4 visa and got an H1 in cap exempt category in Aug 2012 as I had a earlier H1 from a big 4 company. My employer has initaited a GC too in May 2013.

I need a suggestion in this situation. Should I wait till AP get over or should I file a H4 as my husband has a approved visa till 2016 and file an amendment once I reach US? if I file a H4, what is the possibility that it will go for any admin processing or rejection? Please advise.

Thanks for your valuable inputs in advance.

Regards
PM

[raghvi]

I and my husband have given the visa interview on 8th Oct at delhi consulate and we were told that our visa are approved. However after 2 days my husband received an email to collect his passport but my visa has gone for administrative processing. My husband work for a big pharma company and I work as a contractor. I came to US in 2012 on H4 visa and got an H1 in cap exempt category in Aug 2012 as I had a earlier H1 from a big 4 company. My employer has initaited a GC too in May 2013.

I need a suggestion in this situation. Should I wait till AP get over or should I file a H4 as my husband has a approved visa till 2016 and file an amendment once I reach US? if I file a H4, what is the possibility that it will go for any admin processing or rejection? Please advise.

Thanks for your valuable inputs in advance.

Regards
PM

Pharma related jobs typically come under extra scrutiny, so I believe your H4 also would come under similar scrutiny. Might as well wait out the AP.

This is my opinion not legal advice.