H1b pending under 221g, can i go for h4?

[H1B frustration]

Hello,

H1b Interview date(new Delhi): 16 Dec 2016-->221g issued
Documents submission date: 27 Feb 2017
No contact from embassy since 27 feb and CEAC update shows interview date.

My wife is on working on h1b in US and I can go for h4. Can someone please answer below questions?

1. Do I need to withdraw 221g application before going to H4 interview?
2. Do I need any proof that my employer will withdraw h1? I can take resignation letter during interview showing that I will not working for the company once back in US.
3. What are the changes of getting 221g again?

Its been more than 5 months I am stuck in India. My wife is not well in US and need to return asap.

Please let me know if someone has similar situation.

Thanks

[raghvi]

Hello,

H1b Interview date(new Delhi): 16 Dec 2016-->221g issued
Documents submission date: 27 Feb 2017
No contact from embassy since 27 feb and CEAC update shows interview date.

My wife is on working on h1b in US and I can go for h4. Can someone please answer below questions?

1. Do I need to withdraw 221g application before going to H4 interview?
2. Do I need any proof that my employer will withdraw h1? I can take resignation letter during interview showing that I will not working for the company once back in US.
3. What are the changes of getting 221g again?

Its been more than 5 months I am stuck in India. My wife is not well in US and need to return asap.

Please let me know if someone has similar situation.

Thanks

1. Most likely, they will let you know during H4 interview.
2. Not required. They may ask you to sign an undertaking to suspend the current H1 processing at the consulate.
3. Chances of H4 221g depend upon the strength of documentation of H1 and on the basis of you being able to establish relationship with H1 (marriage certificate etc).

This is my opinion not legal advice.