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Question regarding visa status and 221g query(green slip)

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  • Question regarding visa status and 221g query(green slip)

    I have an important immigration question regarding my wife's visa status and her entry back into the US. She is currently in India and had gone there for a visa stamping at the consulate in Chennai.
    She has been on H1B visa since Jan 2011. During the visa interview, the consulate officer issued a 221g (green slip) asking for additional documentation from her employer as her pay (from paystub) is apparently lesser than the minimum prevailing wage from her LCA. Her employer is gathering the required documentation and she has been asked to drop off the required documents for review by the consulate. Even though the visa is not refused, it appears that there is no SLA for the consulate to get back on her case.
    In the event that her H1 visa is refused or it takes a long time to review the case, I was wondering if she can enter in the US with the H4 visa that is already stamped on her passport. It is valid until May 30th 2011.I am not sure if her visa status has already changed to H1 and if that is the case, will she need to get H-4 stamping again?
    Also while I filed for my H-1 extension, I did not file H-4 for my wife since she was already on H-1.Do I need it do it now before she can enter the US (note: my current H-1 is valid till May30th 2011).
    We have already filed for I-485(on Dec 15th) and the biometric appointment was complete on Jan 25th, there is also a possibility that our EAD and AP could be approved and if that happens can she enter the US with that and work on EAD.

  • #2
    In the event that her H1 visa is refused or it takes a long time to review the case, I was wondering if she can enter in the US with the H4 visa that is already stamped on her passport.
    >>> Possible. Check to make sure the H4 visa is still valid as the consulate could have cancelled it when she appeared for H1B stamping.

    It is valid until May 30th 2011.I am not sure if her visa status has already changed to H1 and if that is the case, will she need to get H-4 stamping again?
    >>> She need to get H4 stamped only if her current H4 visa in the passport has already expired or it has been cancelled by the consulate with a CWOP stamp.


    Also while I filed for my H-1 extension, I did not file H-4 for my wife since she was already on H-1.Do I need it do it now before she can enter the US (note: my current H-1 is valid till May30th 2011).
    >>> You cannot file H4 petition for a person who is currently not in U.S. She will just need to enter U.S on her H4 visa and your latst approval notice. She will get an I-94 associated to H4 status and it will be issued only till the expiry date of your I-797 approval notice. So it is advisable to travel after you get the H1B extension. YOu will need to send your approval notice to her. If she enters before your petition gets extended, then she will get an I-94 only till may and you will need to file her H4 extension before her I-94 expires.


    We have already filed for I-485(on Dec 15th) and the biometric appointment was complete on Jan 25th, there is also a possibility that our EAD and AP could be approved and if that happens can she enter the US with that and work on EAD.
    >>> Yes.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Hi Shervin143,
      Thanks for the quick response.Where and how can I find out if the H-4 stamping on her passport is still valid.Also if it is not valid,can she go for the stamping with only 2 months for the expiry.


      Thanks

      Comment


      • #4
        Where and how can I find out if the H-4 stamping on her passport is still valid.
        >>> Take her passport and look at the H4 visa page.

        Also if it is not valid,can she go for the stamping with only 2 months for the expiry.
        >>> Yes. But it is advisable to go for stamping when you have your H1B extended so that the validity of the H4 visa will be longer.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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