Childs H4 Visa in 'Case was received' stage since 6 months

[simpleecool]

Hi All

My spouse applied L1B to H1B conversion and got it approved. He also applied dependent visa for our daughter during Apr(L2 to H4). We were in USA but my daughter and I had to travel to India in Apr due to family emergency. My husband stayed in US.

Now, my daughters H4 application is stuck in the state 'Case was received' since April. We travelled from Apr 10 - 27. When i login to USCIS site, i see that her case was last touched on 29 Apr. But why is is still in this stage?

I have also converted to H1B this year and plan to go for stamping soon. I got advice from some people that my daughters visa application might have been abandoned due to travel during processing. They are suggesting me to apply a new H4 visa for her with me as primary applicant. My daughter and I are in India right now.
Is it wise to apply H4 for her again while one petition is in process? if not please suggest me some options to expedite her visa processing.

[shervin143]

Since you are outside U.S now, you cannot file a new petition for H4. All that you have to do now is, apply a H4 visa for your daughter based on either your H1B petition or your spouse's H1B petition. When the visa gets approved, she can travel to U.S using that visa and she will be in H4 status. Ask your husband to send a letter to USCIS saying that you would like to withdraw the H4 application since the applicant is no longer in U.S.

[kabkaba]

You mean the change of status application is pending, right? (Visa application is different). COS applications are highly backlogged, 8 to 10 months is quite normal, especially at VSC (receipt number EAC).

Since your daughter travelled and returned in L2 status (I assume), it is possible that her change of status application will be denied. Since her parent is no longer maintaining L1 status, her return in L2 status itself was wrong. It is advisable to travel and return with H4 Visa and withdraw the change of status application.

If you have not returned to US, you and your daughter can directly apply for H4 Visa and return in H4 status. Then withdraw the change of status application.

[simpleecool]

@kabkaba - when we returned to us after india trip in apr, my husband was on L1 and we were on valid L2. His H1B is valid from Oct1 . Since I also not get change of status for my H1B, we decided to travel out of usa on Sep 30(as our L2 visa is not valid from oct1). My daughter and I are currently in India and I plan to go for stamping soon for my h1b. But I am waiting for some response to the H4 which my husband filed for my daughter so that we could go for stamping together.
Please advice what to do? How much time will it take to get H4 visa for daughter?

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@ shervin - if i cancel the old application, will it cause any problem when i go for stamping?

[shervin143]

That petition means nothing now since your daughter is outside U.S now. There will be no issues in withdrawing that petition. When you apply for your H1B visa, include your child by filling a new DS160 (need to pay separate visa fee) as your dependent and both of you attend the visa interview together for H1B and H4. That way, when the visa gets approved, you can travel in H1B and your daughter can travel in H4 and be a dependent under your H1B.

@kabkaba - when we returned to us after india trip in apr, my husband was on L1 and we were on valid L2. His H1B is valid from Oct1 . Since I also not get change of status for my H1B, we decided to travel out of usa on Sep 30(as our L2 visa is not valid from oct1). My daughter and I are currently in India and I plan to go for stamping soon for my h1b. But I am waiting for some response to the H4 which my husband filed for my daughter so that we could go for stamping together.
Please advice what to do? How much time will it take to get H4 visa for daughter?

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@ shervin - if i cancel the old application, will it cause any problem when i go for stamping?

[kabkaba]

@kabkaba - when we returned to us after india trip in apr, my husband was on L1 and we were on valid L2. His H1B is valid from Oct1 . Since I also not get change of status for my H1B, we decided to travel out of usa on Sep 30(as our L2 visa is not valid from oct1). My daughter and I are currently in India and I plan to go for stamping soon for my h1b. But I am waiting for some response to the H4 which my husband filed for my daughter so that we could go for stamping together.
Please advice what to do? How much time will it take to get H4 visa for daughter?

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In that case, the change of status application is meaningless. Just go ahead and apply for your H1 Visa and your child's H4 Visa.

[simpleecool]

@Shervin, @kabkaba - Thanks for your help.

My husband's employer needs to do the withdrawal right? Is there some process for that? Currently they are asking us to wait. They said within 30 days we would hear a response for the H4 application. We raised a ticket on Sep 26 to know the case updates We called USCIS helpline today and they too asked us to wait and told him that since the H4 is in final stage of decision its not advisable to withdraw petition. Husband says its a H4 application and not change of status.

Can i still add her to my DS160? I am not sure if I am over complicating the whole thing.

Also , if I apply for H4 along with mine, how much time will it take to get the stamping etc done. I am going to Chennai consulate. Will it take a month?

Please help - We are not too familiar with the immigration processes.

[kabkaba]

There is no need to withdraw the application. But if you want to, you can withdraw it. It was filed by your child, husband's employer only assisted in the filing.

Child's H4 Visa can be based on either your petition or husband's petition. Either way is okay. You will have to file a separate DS160 for the child. Appointment can be scheduled together.

Processing time will not change because your child is applying with you, it will be independent of that.

[simpleecool]

Kabkaba - thanks so much...