Applying H4 when H1 was refused

[abhiruchilalwani]

Hi,

I had applied for my H1 visa in Oct and it was denied in Jan.Now i am planning to apply for my H4 visa.I have 2 questions

1.Do i have to withdraw my H1 application before appearing for the H1 interview.
2.My case status online shows
"On January 27, 2011, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you"

Do i have to wait till this is reviewed and then apply for my H4.

Would really appreciate if someone can answer my questions.

Thanks a lot

[kabkaba]

Was your petition approved and Visa denied?

In any case your employer does not have to do anything with H1 petition in order for you to apply for H4 Visa. But if Visa was denied at the consulate (221g or any other reason), you must mention this on your H4 Visa application. If only petition was denied that need not be mentioned.

[abhiruchilalwani]

My petition was approved and i came back for stamping and got a green form under 221 g and later i got a letter from USCIS that my visa was refused.
I did mention in my H4 application about the visa denied part.
So i dont need to withdraw my H1 application.Right?

[shervin143]

Not required to withdraw the H1B application to appear for H4. Hope you have your passport with you.

My petition was approved and i came back for stamping and got a green form under 221 g and later i got a letter from USCIS that my visa was refused.
I did mention in my H4 application about the visa denied part.
So i dont need to withdraw my H1 application.Right?

[shashank1980]

@abhiruchilalwani

Did you apply for your H4 yet and did you have to withdraw the H1 app? My wife has her H1B stuck in admin processing and we are thinking of applying for H4. Would appreciate any details that you can share.