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How soon we can file for H4 if my H1 is -ve

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  • How soon we can file for H4 if my H1 is -ve


    I and my spouse both are working in USA (H1B) and our stampings expired on passport (Got valid 797's).

    Due to family emergency I left my kids in USA and came to India and now I have to return to USA ASAP (either on H1 or on H4).

    Is it legal to take HDFC barcodes for both H1 and H4, file and book interview for both with in same week?

    Assuming, If H1 gets rejected or I get 221-G then with in two days I can attend H4 interview and fly back to my kids?

    Does my H1 interview which I attended two days back will influence the H4 decision? First of all is it legal planning for both H1 and H4?


  • #2
    There is no problem in applying for 2 Visas. However, in the second interview if the first Visa is already approved, it is possible that first Visa will be canceled. Also if first Visa is suspended with 221g, that is considered a denial until it gets cleared up and must be mentioned in the second application (DS 160).
    This is my opinion and not legal advice.