H1B 221g to H4 to H1B

[dimps_desai]

Hello,

My husband recently went for his H1b interview and the US consulate gave him a 221g and asked to submit more documents around his role, petitioner's information etc.. Could you please let me know regarding the following:

1. I am on H1b - can my husband apply for H4 when his case for H1b (221g) is under administration by the US consulate ?
2. Is there a particular gap that we need to have before applying for the H4 visa ?
3. If he gets the H4 visa, what happens when his H1b visa gets accepted (or the case closes)? what are the next steps then ? Can he go back to H1b ? If so, what is the procedure ?

I would appreciate if someone can throw some light on this as soon as possible.

Thank You

[kabkaba]

Hello,

My husband recently went for his H1b interview and the US consulate gave him a 221g and asked to submit more documents around his role, petitioner's information etc.. Could you please let me know regarding the following:

1. I am on H1b - can my husband apply for H4 when his case for H1b (221g) is under administration by the US consulate ?
Yes,. But 221g needs to be mentioned as denial on the H4 application. It will not affect H4 application.
2. Is there a particular gap that we need to have before applying for the H4 visa ?
No gap.
3. If he gets the H4 visa, what happens when his H1b visa gets accepted (or the case closes)? what are the next steps then ? Can he go back to H1b ? If so, what is the procedure ?
If H1 is approved they will ask him to submit the passport, if not nothing.
I would appreciate if someone can throw some light on this as soon as possible.

Thank You

Since he is cap-counted, any employer can file a cap-exempt petition for him at any time. If he is in the US at that time, petition can be filed with change of status, if outside he will have to obtain H1 Visa like before.

[varun8211]

So if his h4 is approved, consulate will keep the passport and send it back to you in 2 weeks. ?

And during that time or after, they also approve h1b and call for the passport, you will have to send the passport back to them once u get it back with h4 stamp.. ?

And then they will revoke h4 and give u h1 ?

Also what if he plans to NOT do the h1 after it's approved.. and wants to stay on approved h4 .. will that b aproblem?

[shervin143]

So if his h4 is approved, consulate will keep the passport and send it back to you in 2 weeks. ?
>>> Yes.

And during that time or after, they also approve h1b and call for the passport, you will have to send the passport back to them once u get it back with h4 stamp.. ?
>>> Yes.

And then they will revoke h4 and give u h1 ?
>>> Yes.

Also what if he plans to NOT do the h1 after it's approved.. and wants to stay on approved h4 .. will that b aproblem?
>>> No issues. Just send a letter to the consulate stating that you are no longer interested in getting the H1B stamped.

[vital]

Hello,

My husband recently went for his H1b interview and the US consulate gave him a 221g and asked to submit more documents around his role, petitioner's information etc.. Could you please let me know regarding the following:

1. I am on H1b - can my husband apply for H4 when his case for H1b (221g) is under administration by the US consulate ?
2. Is there a particular gap that we need to have before applying for the H4 visa ?
3. If he gets the H4 visa, what happens when his H1b visa gets accepted (or the case closes)? what are the next steps then ? Can he go back to H1b ? If so, what is the procedure ?

I would appreciate if someone can throw some light on this as soon as possible.

Thank You

Hi dimps_desai,

I am in exactly same situation. Could you please let me know the result of yours ?

Thank you in advance !!

[nirupa84]

Hi Shrevin,

If h1 visa gets stamped after getting H4 and if I am in US, should I go out of the country to continue on H1. Or can I start working again. Please let me know.


Thanks
Nirupa

[shervin143]

Explain your case clearly. If you are already in U.S in H4 visa, how did you get your H1B stamped?

If you entered U.S in H4 visa, then your status will remain to be H4. If you want to work in H1B, then you need to get your status changed to H1B. There are two options.

1) Leave the country and return back in H1B visa and H1B petition. You will get a new I-94 at the POE which will put you in H1B status and you can start working for the H1B sponsor.
2) File a change of status from H4 to H1B. If the COS gets approved (with a new I-94) then you can work for the H1B petitioner. You cann work until the COS gets approved.

Hi Shrevin,

If h1 visa gets stamped after getting H4 and if I am in US, should I go out of the country to continue on H1. Or can I start working again. Please let me know.


Thanks
Nirupa