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H1b stamping 221g-how to convert to H4?

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  • H1b stamping 221g-how to convert to H4?

    I was on H4 visa as dependant -Jan2007-June09
    subsequent I797 h4 approval may08-oct2010
    But meanwhile I found an employer for h1b,H1B I797 approved in July09
    I went for my H1b stamping and they gave me a
    form 221g green requesting additional documents.
    I am now afraid that once I submit the requested documents the
    processing time in such cases is 3-9 months.

    My questions are:-
    - Can I apply for a H4 visa while my H1b is pending? (husban'sd H1b stamped is a clear case)
    - Can I cancel my h1b application for stamping? If yes, how? Would a
    letter from my employer suggesting that he is not intersted any longer
    in continuing my case of H1b since its taking too long help?
    -If I cancel H1b would the consular suspect that there was an issue
    with my filing or something since I cancelled so quickly?
    -Since I have shown job intent and worked for oct nov dec09 based on
    approved I797, how can I convince counsular that I would not work on
    H4 visa?

  • #2
    Answers below.

    Originally posted by helloworld1234 View Post
    I was on H4 visa as dependant -Jan2007-June09
    subsequent I797 h4 approval may08-oct2010
    But meanwhile I found an employer for h1b,H1B I797 approved in July09
    I went for my H1b stamping and they gave me a
    form 221g green requesting additional documents.
    I am now afraid that once I submit the requested documents the
    processing time in such cases is 3-9 months.

    My questions are:-
    - Can I apply for a H4 visa while my H1b is pending? (husban'sd H1b stamped is a clear case)

    >>> Yes.

    - Can I cancel my h1b application for stamping? If yes, how? Would a
    letter from my employer suggesting that he is not intersted any longer
    in continuing my case of H1b since its taking too long help?

    >>> Yes

    -If I cancel H1b would the consular suspect that there was an issue
    with my filing or something since I cancelled so quickly?

    >>> You have the right to revoke the application for whatever might be the reason.

    -Since I have shown job intent and worked for oct nov dec09 based on
    approved I797, how can I convince counsular that I would not work on
    H4 visa?

    >>> You cannot work on H4. Working in H4 is illegal and will have bigger consequences. So there will be no such question.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      similar situation

      @helloworld1234

      Were you able to withdraw your h1b and apply for h4? My wife is in a similar situation and we would like to apply for a h4. Thanks.

      Comment

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