H4 stamping after 221g on H1

[rajusaforum]

My wife had received 221g (client letter, client-vendor contracts) on her H1B stamping interview Chennai. She can't provide them immediately, but she has to travel to US due to personal situations.

I am on H1B and I have approved I-140.

1. Can she go for H4 stamping immediately without responding to 221g.? If yes, will there be an another 221g?

2. Can she move to H4 - H1B (different or same employer with same or different client) later while she is in US?

3. If she can move from H4 - H1B, how soon can she apply for H1? I believe she will come under CAP Exempt (3 yrs completed in H1B)

Can you please help sharing your experiences?

Thanks.

[raghvi]

My wife had received 221g (client letter, client-vendor contracts) on her H1B stamping interview Chennai. She can't provide them immediately, but she has to travel to US due to personal situations.

I am on H1B and I have approved I-140.

1. Can she go for H4 stamping immediately without responding to 221g.? If yes, will there be an another 221g?

2. Can she move to H4 - H1B (different or same employer with same or different client) later while she is in US?

3. If she can move from H4 - H1B, how soon can she apply for H1? I believe she will come under CAP Exempt (3 yrs completed in H1B)

Can you please help sharing your experiences?

Thanks.

1. Yes. She will most likely be asked to withdraw her H1 application, post that the petition may be sent for revocation.
2. If petition is revoked by USCIS then she may not be able to use the same petition and would need to file under fresh cap.

This is my opinion not legal advice.

[rajusaforum]

1. Yes. She will most likely be asked to withdraw her H1 application, post that the petition may be sent for revocation.
2. If petition is revoked by USCIS then she may not be able to use the same petition and would need to file under fresh cap.

This is my opinion not legal advice.

Thanks Raghvi.

Does fresh cap mean applying H1 again through lottery?

[raghvi]

Thanks Raghvi.

Does fresh cap mean applying H1 again through lottery?

Yes.

This is my opinion not legal advice.

[upicky]

Please share your thoughts: RFE during H1b Transfer, existing H1B expired

Hi, hope I could get some help.

I applied for H1b transfer to a new employer in dec/2015. My current H1b got expired in Aug 2016. I got an RFE for H1b transfer. (I'm sure it is a bit complex). I would like to change to h4 and apply for h4 ead concurrently. I have following questions:

Can i apply for H4 COS and H4 EAD now prior to responding the RFE?

Will USCIS consider me as in legal status now for approving H4 and H4 EAD?

Will i get h4 and ead approved?

Else is it suggestabel to respond to RFE, get a decission and then apply for H4 and H4 EAD?

Or Can I go to Indian and apply for H4 and get H4 stamping in India while my H1b transfer RFE is still in process?

Can I go to Canada instead for H4 stamping while my H1b transfer RFE is still in process?

What options do i have now? Looking fwd to responses