Apply H4 when H1B case sent back to USCIS for review

[sundar1986]

Hi All,

I am planning to apply for H4 Visa. My wife is already working there on H1B. My H1 was selected in lottery and petition was approved for 2016 quota but got 221G at Mumbai consulate in september 2015 and now my application has been back to USCIS for further review in Jan 2016.
Can you please help me in clarifying below questions -
1. is it OK to apply H4 in this case?

2. If yes, while filling DS-160 form... what do I need to select for following. Please help me explain the meaning of both questions.
Have you ever been refused A U.S. visa: Yes / No
Has your U.S. visa ever been cancelled or Revoked: Yes/No (My L1B extenstion was rejected baack in 2014, Do I need to mention that here anywhere?)

3. Do I need to withdraw my pending H1b application before applying for H4?

4. If my H4 is approved, can I do COS to H1 finding new employer? If yes, do I need to wait for any specific time period before I apply for COS.

Thanks in advance for all the help.

[sundar1986]

Can anyone please help me with the above queries. Thanks in advance for all your help

[sundar1986]

Can anyone please help me with the above queries. Thanks in advance for all your help

[raghvi]

Hi All,

I am planning to apply for H4 Visa. My wife is already working there on H1B. My H1 was selected in lottery and petition was approved for 2016 quota but got 221G at Mumbai consulate in september 2015 and now my application has been back to USCIS for further review in Jan 2016.
Can you please help me in clarifying below questions -
1. is it OK to apply H4 in this case?

2. If yes, while filling DS-160 form... what do I need to select for following. Please help me explain the meaning of both questions.
Have you ever been refused A U.S. visa: Yes / No
Has your U.S. visa ever been cancelled or Revoked: Yes/No (My L1B extenstion was rejected baack in 2014, Do I need to mention that here anywhere?)

3. Do I need to withdraw my pending H1b application before applying for H4?

4. If my H4 is approved, can I do COS to H1 finding new employer? If yes, do I need to wait for any specific time period before I apply for COS.

Thanks in advance for all the help.

What was the 221G for?

1. Yes.
2. You would have to say Yes. L1 extension rejection is not a visa denial. a 221G is a soft denial.
3. Most probably yes.
4. Possible. No specific time frame to wait for.

This is my opinion not legal advice.

[sundar1986]

Thanks Raghvi for the details.

VO didn't mention any specific reason while handing over 221G. Just said need additional time for admin processing.
However now my client has been changed after getting 221G and I have shared new client docs with Mumbai Consulate in Jan 2016. After that I received letter that 'case has been sent back to USCIS for review and possible revocation. It says, Beneficiary of petition is not entitled to accorded status'. Any idea about this reason?
Also my status on USCIS site has been changed from 'Approved' to 'Department of State Sent Case to USCIS For Review' on March 10th. Do you know if I can still find a new employer and try for H1 transfer.

Thanks a lot in advance for all your help in this matter.

[sundar1986]

Can anyone please help me with the below query. Thanks in advance for all your help

[sundar1986]

I attended H4 interview at Chennai Consulate on March 31st, VO just asked few basic questions and my H4 visa approved and now I am back to USA to my wife.
Anybody know if I can still transfer my approved H1B petition from last year(which is now in 'Review' status) to any other employer, do the H4 to H1 and start working?

Thanks in advance for the help.

[S.india]

I attended H4 interview at Chennai Consulate on March 31st, VO just asked few basic questions and my H4 visa approved and now I am back to USA to my wife.
Anybody know if I can still transfer my approved H1B petition from last year(which is now in 'Review' status) to any other employer, do the H4 to H1 and start working?

Thanks in advance for the help.

Hey I am in the same boat . Can you just tell me if your H1b visa transfer was done or not?