Spouse H1 visa transfer petition is pending since Nov 2016

[virtish]

Hi,
My Husband is in US on H1-B visa currently in the 6th year.I completed 6 years in H1B in April and had to return back to India as per my company's policy.I filed for H1 to H4 Change of status in US thru an attorney but the application he filled had errors so USCIS sent the application back to me(it was not a rejection). By then my H1 got over and I came back to India.I applied for fresh H4 in delhi india.I appeared for interview in delhi on May 1,2017 and Visa officer said the visa is approved.I have been waiting for the passport since then and the status on CEAC website shows "administrative processing".

Questions-
1) My husband changed the job in nov 2016 and his H1b transfer petition is still pending.Is my case under administrative processing due to my husband's pending petition?
2) Since my visa is approved,will my passport be stamped only after my husband's petition is approved/denied?
3) If 2) is not right then will my H4 be approved until his I-94 end date which is feb 2018?
4) how much time it takes to resolve administrative processing on an average.I know the lead time is 60 days on USCIS website but just want to know the actual time it takes.

Thanks,
Neha

[raghvi]

Hi,
My Husband is in US on H1-B visa currently in the 6th year.I completed 6 years in H1B in April and had to return back to India as per my company's policy.I filed for H1 to H4 Change of status in US thru an attorney but the application he filled had errors so USCIS sent the application back to me(it was not a rejection). By then my H1 got over and I came back to India.I applied for fresh H4 in delhi india.I appeared for interview in delhi on May 1,2017 and Visa officer said the visa is approved.I have been waiting for the passport since then and the status on CEAC website shows "administrative processing".

Questions-
1) My husband changed the job in nov 2016 and his H1b transfer petition is still pending.Is my case under administrative processing due to my husband's pending petition?
2) Since my visa is approved,will my passport be stamped only after my husband's petition is approved/denied?
3) If 2) is not right then will my H4 be approved until his I-94 end date which is feb 2018?
4) how much time it takes to resolve administrative processing on an average.I know the lead time is 60 days on USCIS website but just want to know the actual time it takes.

Thanks,
Neha

1. Yes, most likely.
2. Yes, most likely.
4. Depends how soon your spouse's H1 is approved.

Unless your spouse's H1 is approved, your subsequent H4 visa application on the basis of spouse's H1 will not be approved.

This is my opinion not legal advice.