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H4 Visa Application Information (while H1b is on 221g)

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  • H4 Visa Application Information (while H1b is on 221g)

    Hello,

    My husband received 221g for his H1b visa.. I have a few questions:

    1. We are applying for his H4 visa within 10 days of his h1b interview date - is that a problem ?
    do we need a gap of fix number of days before going for h4?

    2. While submitting the DS160 form for H4 visa, how do we answer the following questions:

    a. Has your U.S. Visa ever been cancelled or revoked? - YES/NO
    explain ? - what should we write as explanation ?

    b. Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the port of entry? - YES / NO
    explain ? - what should we write as explanation?

    The earliest response would be truly appreciated...

    Thanks a lot,
    Dimpee

  • #2
    is it at all possible to apply for h4 while h1 is under 221g ?

    i called their helpdesk and they said - u have to withdraw ur h1b in order to apply for h4 .. is that true?

    Comment


    • #3
      1. We are applying for his H4 visa within 10 days of his h1b interview date - is that a problem ?
      do we need a gap of fix number of days before going for h4?
      >>> No issues. You can apply.

      2. While submitting the DS160 form for H4 visa, how do we answer the following questions:

      a. Has your U.S. Visa ever been cancelled or revoked? - YES/NO
      explain ? - what should we write as explanation ?
      >>> Have you ever been refused a U.S visa at a Consulate? If yes, then answer YES and explain the reason that was given to you for the visa refusal.

      b. Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the port of entry? - YES / NO
      explain ? - what should we write as explanation?
      >>> The question is very clear. Answer YES if you were ever refused a U.S visa or denied entry into U.S at the POE and give the reason that was given to you. Otherwise answer NO.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment


      • #4
        is it at all possible to apply for h4 while h1 is under 221g ?
        >>> Possible.

        i called their helpdesk and they said - u have to withdraw ur h1b in order to apply for h4 .. is that true?
        >>> You need to do that only if the primary applicant's approval notice (I-797) is with the consulate pending 221g. If you have original approval notice of the primary H1B holder, then you can go ahead and apply for H4.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          So re-iterating for confirmation:

          My H1b is valid and have the visa stamped (Dimpee - wife)
          My husband went for H1b visa and got 221g for more documentation - he can apply for h4 as long as I have confirmed I797 and visa on my passport.. Correct ?

          Does it not matter that he has applied for 2 visa's at the same time ?

          Would 221g be considered U.S. Visa being cancelled or revoked ?

          Appreciate your prompt response, thank you
          Dimpee

          Comment


          • #6
            My H1b is valid and have the visa stamped (Dimpee - wife)
            My husband went for H1b visa and got 221g for more documentation - he can apply for h4 as long as I have confirmed I797 and visa on my passport.. Correct ?
            >>> That is correct. Your visa is not important. Your valid I-797 approval notice is what is important.

            Does it not matter that he has applied for 2 visa's at the same time ?
            >>> No.

            Would 221g be considered U.S. Visa being cancelled or revoked ?
            >>> You have to mention it as visa refusal until the 221g gets cleared. If 221g gets cleared later, then you can answer NO in the future visa applications.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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