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221g pending with embassy. H4ead can enter u.s ?

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  • 221g pending with embassy. H4ead can enter u.s ?

    My husband is h1b and due to family emergency we came to india. Since he has joined as full time employee last year , he has to.go.for visa stamping. His stamping went through fine and visa officer said your visa is approved on monday , but we received email yesterday stating that under rule 221g we need to submit additional.requested doxuments in.order to approv e the visa.

    But I am.on h4 ead and also visa stamped last year , my question here is can I fly to USA when my husband 221g is in processing ? Since my visa already stamped ! Do I have any issue in border immigration screening when entering USA ?


    Please suggest

  • #2
    H-4 status is contingent on H-1B status.

    i am kind of in the same situation..

    Even though you have been issued H-4 visas, the CBP officer at the port-of-entry could question whether the main applicant is in the United States and/or whether your H-1B visa has been renewed. If the H-1B visa application is still pending, CBP could question H4 (or H4 EAD) eligibility for re-entry in this status, as your ability to enter in H-4 status is contingent on the H-1B status.

    this is not a legal advice..

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