Apply H4 while 221(g) H1B Pending Decision

[kiku]

Hi,

My wife attended her H1B extension visa (the second 3 yr) interview at the Chennai Consulate on June 20 2011. She was given the 221(g) Blue Form and till now there is no status update on this. However after the interview on July 22 2011 her I-140 was approved. Now my questions are:

1) Can she apply for H4 while her 221(g) case is still pending. If she applies, will her case along with H1B visa be revoked?
2) Since her I-140 has been approved in GC processing, is it not sufficient for the consulate to prove her employer-employee relationship?
3) Can the lawyer of her company ask for full details now that 6 weeks have passed since she was given the 221(g) form?
4) How can I reach my senator of the state and what should be the best means to request a favor to contact the Chennai Consulate for a status update.

thanks,
-K

[shervin143]

1) Can she apply for H4 while her 221(g) case is still pending. If she applies, will her case along with H1B visa be revoked?
>>> Yes, she can apply for teh H4 visa. The H1B petition will not be revoked just because you are applying for H4 visa. The petition will remain valid until its expiry date unless revoked bythe employer or the consulate. If she has her passport with her now, then she can apply for the H4. If not, she need to request the consulat to send her the pasport.

2) Since her I-140 has been approved in GC processing, is it not sufficient for the consulate to prove her employer-employee relationship?
>>> No. I-140 doesn't mean anything for the visa interview. GC is for future employment. Even a different employer can file the labor and I-140 for you stating that you will work for the employer once the GC gets approved.

3) Can the lawyer of her company ask for full details now that 6 weeks have passed since she was given the 221(g) form?
>>> The consulate is not required to share any kind of information wth anyone. These things won't work.

4) How can I reach my senator of the state and what should be the best means to request a favor to contact the Chennai Consulate for a status update.
>>> These days consulates are held responsibile for anything that goes wrong in U.S by a non-immigrant / visitor. So they are not compelled to work in favor of any one. Be it a senator. I don't think this will make much difference. However, you can give it a try.

[kiku]

Thank you Shervin for your response. I have one more question -
If she applies for H4, will her I-140 also be revoked? In case she gets another H1B after coming to this country on H4, can she retain her previous I-140 case that was already approved?

thanks,
-K

1) Can she apply for H4 while her 221(g) case is still pending. If she applies, will her case along with H1B visa be revoked?
>>> Yes, she can apply for teh H4 visa. The H1B petition will not be revoked just because you are applying for H4 visa. The petition will remain valid until its expiry date unless revoked bythe employer or the consulate. If she has her passport with her now, then she can apply for the H4. If not, she need to request the consulat to send her the pasport.

2) Since her I-140 has been approved in GC processing, is it not sufficient for the consulate to prove her employer-employee relationship?
>>> No. I-140 doesn't mean anything for the visa interview. GC is for future employment. Even a different employer can file the labor and I-140 for you stating that you will work for the employer once the GC gets approved.

3) Can the lawyer of her company ask for full details now that 6 weeks have passed since she was given the 221(g) form?
>>> The consulate is not required to share any kind of information wth anyone. These things won't work.

4) How can I reach my senator of the state and what should be the best means to request a favor to contact the Chennai Consulate for a status update.
>>> These days consulates are held responsibile for anything that goes wrong in U.S by a non-immigrant / visitor. So they are not compelled to work in favor of any one. Be it a senator. I don't think this will make much difference. However, you can give it a try.

[shervin143]

Like I mentioned in my previous reply, GC if for future employment. You don't need to be currently employed with the employer to continue the GC process. However, if the employer is not willing to continue with the GC process, then yo have to start the GC process all over again with the new employer. The only benefit is that the priority date to file I-485 can eb recaptured from the current labor filing date. Have a copy of the I-40 for future records.

Thank you Shervin for your response. I have one more question -
If she applies for H4, will her I-140 also be revoked? In case she gets another H1B after coming to this country on H4, can she retain her previous I-140 case that was already approved?

thanks,
-K

[kiku]

Thank you very much for the reply Shervin. Now I do follow the process of H1B, H4 and I-140.

regards,
-K

Like I mentioned in my previous reply, GC if for future employment. You don't need to be currently employed with the employer to continue the GC process. However, if the employer is not willing to continue with the GC process, then yo have to start the GC process all over again with the new employer. The only benefit is that the priority date to file I-485 can eb recaptured from the current labor filing date. Have a copy of the I-40 for future records.

[varun8211]

so what happens if h4 is approved.. and then h1 is also approved after you submit all the documents that was asked on 221(g) ?

WIll consulate revoke h4 or will they not give you h1 ?

[shervin143]

Don't post the same question in multiple threads.
http://www.immihelp.com/forum/showthread.php?t=93918

so what happens if h4 is approved.. and then h1 is also approved after you submit all the documents that was asked on 221(g) ?

WIll consulate revoke h4 or will they not give you h1 ?