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H1B to H4 to H1B approved but 221G Yellow while stamping, Please help

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  • H1B to H4 to H1B approved but 221G Yellow while stamping, Please help

    Hi,

    My Wife got 221g Yellow while H1B stamping, has been more than 2 months and under admin processing.However I am on a valid H1B working in US. Earlier she worked on H1B and applied for COS to H4 and got approved(valid till Aug 2012).After that she applied for COS from H4 to H1 and got approved (valid till June 2013).Then got 221g Yellow when she went for H1 stamping in India. Also please note that her previous visa stamping on the passport is H1B

    1. If her current H1 gets rejected for some reason, then can she attend the consulate directly by booking a visa slot for H4 stamping in india (with my H1 approval). She does not need to file for or have any H4 approval right before going for stamping?

    2. Can she go for her H4 stamping when her H1 221g is still under Admin processing? Should we with draw our H1B petition from the consulate before going for H4 stamping?

    Can any one please tell me the process.

    Thank You.
    Last edited by vsontineni2000; 01-21-2011, 11:30 PM.

  • #2
    1. If her current H1 gets rejected for some reason, then can she attend the consulate directly by booking a visa slot for H4 stamping in india (with my H1 approval). She does not need to file for or have any H4 approval right before going for stamping?
    >>> Yes. Your documents are enough for her to apply for the H4 visa.
    https://www.immihelp.com/h4-visa-stamping-documents/


    2. Can she go for her H4 stamping when her H1 221g is still under Admin processing?
    >>> Yes.

    Should we with draw our H1B petition from the consulate before going for H4 stamping?
    >>> Not required. You will the passport back if it is retained by the consulate for H1B 221g.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thank You. Her passport has been given back by the counslate so i guess no need for her to withdraw the pitition?
      Do we need to submit the original of my H1b approval I-797 or a copy should be fine (the link says original)? Please suggest.

      Thank You.

      Comment


      • #4
        She will need to carry your original I-797 when she goes for the H4 stamping
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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