Entering US on a dependant visa with H1 also approved

[Madhu_180]

thanks for your reply...
I am married now and I just want to know if I can atleast apply for the h4 visa till this get resolved.

Regards,
Madhu.

[shervin143]

Yes. You can do that provided your spouse is in H1B. You can also apply for a COS from H4 to H1B when you are in U.S.

thanks for your reply...
I am married now and I just want to know if I can atleast apply for the h4 visa till this get resolved.

Regards,
Madhu.

[Madhu_180]

Thanks for your reply sherwin. I have yet another query. As I told you earlier I got 221g yellow during my H1 visa interview and they asked me to submit my original passport along with the other documents that time which I already did. So now my passport is held up with them for about 3 weeks now. Can I get it back?
Yet another question, If I apply for H4 since my husband is on H1 will they ask me to withdraw my H1 petition which is under process?

Thanks
Madhu.

[shervin143]

As I told you earlier I got 221g yellow during my H1 visa interview and they asked me to submit my original passport along with the other documents that time which I already did. So now my passport is held up with them for about 3 weeks now. Can I get it back?
>>> The reason for holding your passport is to stamp it and send it back after verifying all your documents and after undergoing admin processing if required. If you are no more interested in that H1B, then you can write a letter to the consulate and withdraw the visa application & the passport back. I would say, give it some more time in case you decide to do that.

Yet another question, If I apply for H4 since my husband is on H1 will they ask me to withdraw my H1 petition which is under process?
>>> They will not ask you to withdraw the H1B petition. The petition will remain valid until the expiry date or unless revoked by your employer.

[Madhu_180]

Thanks Sherwin.
Ofcourse, I am still interested in H1b but from from the blogs I could see that it can take any longer for them to resolve the 221g yellow cases. I am at their mercy now.
I want to move to my husband asap (may be in a month or two) and that is the reason I am thinking about H4. Given my current position i.e. H1B stamping in progress what do you think is the right thing to do. Can I go to another visa interview for H4. Would that effect my H1B which is in progress?