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Taking H4 when H1 is on 221(g)

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  • Taking H4 when H1 is on 221(g)

    Hi All,

    I had filed for a H1 in Apr 2006 , got the approval by Sep 2006 , went for h1 stamping in Nov 2006 ( Chennai )and got a 221(g) refusal Administrative processing ..
    I still have not heard from the USCIS or consulate about any update on my current H1 .
    Meanwhile my husband got his h1 stamped in Delhi and is planning to travel to US by June '07 ..

    I need to clarify a few things here :-

    1) Can I now apply for a H4 with my current H1 on 221(g) hold ?
    2) Once I apply for a H4 and get the same stamped , can I apply for a fresh H1 for the coming year H1-B Quota that opens in Apr 2007 ?
    3) Can i travel with my husband on a H4 to US in June while my H1 is still filed and not approved ?
    4) Once my new H1's approval is through , can I come back to India on my H4 and get the stamping done for H1 ?
    5) If all the above goes through , then What happens to the previous year (Apr 2006 filed) H1 which is now in 221(g) status ?

    Please advice ..

    Thanks

  • #2
    Subramanya pls suggest : Taking H4 when H1 is on 221(g)

    Hi Subramanya ,

    Can you please provide me an update on this !

    Thanks

    Comment


    • #3
      H1, H4 and travel

      I had filed for a H1 in Apr 2006 , got the approval by Sep 2006 , went for h1 stamping in Nov 2006 ( Chennai )and got a 221(g) refusal Administrative processing ..
      I still have not heard from the USCIS or consulate about any update on my current H1 .
      Meanwhile my husband got his h1 stamped in Delhi and is planning to travel to US by June '07 ..

      I need to clarify a few things here :-

      1) Can I now apply for a H4 with my current H1 on 221(g) hold ?

      ---- Yes, you can apply for H4 based on your Husband's H1. However, while going for the interview draft a letter to the US Consulate requesting them to withdraw your H1 application (provide the same to them only if they ask for such a letter of withdrawal)

      2) Once I apply for a H4 and get the same stamped , can I apply for a fresh H1 for the coming year H1-B Quota that opens in Apr 2007 ?

      ---- Yes, you can apply for a H1 and it is advisable to come to US on H4 and then apply for a COS from H4 to H1

      3) Can i travel with my husband on a H4 to US in June while my H1 is still filed and not approved ?

      ----Yes, you can travel with your husband provided you have a valid and unexpired Visa affixed in your Passport. If you apply for a H1 while you are in India you will have to return back to India only, for getting the H1 Visa granted and the issue of 221 g may crop up again

      4) Once my new H1's approval is through , can I come back to India on my H4 and get the stamping done for H1 ?

      ---- Read above

      5) If all the above goes through , then What happens to the previous year (Apr 2006 filed) H1 which is now in 221(g) status ?

      ---- Read response to Q1

      Subramanya

      Comment

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