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  • H-1 and H-4, please help

    Hi,

    H-4 visa is pending under 221g,,,I M travelling next week to India.
    i wish to reapply for H-4 with my H-1 visa.....I did emailed to withdraw h-4 application.

    i got following response,
    Dear Sir/Madam,

    As per the US Consulate in order to facilitate further processing, your request for withdrawal needs to be worded as under:


    My name is____________(your complete name as listed in the passport). I have come to the US Consulate General, Mumbai on _______(date of your visa interview) for a H1B visa appointment.

    I voluntarily and willfully wish to withdraw my H1B application. I no longer wish to pursue employment with ____________(name of your H1B petitioner)


    why they want me to end my employment?
    please help me out
    thank you
    rajesh

  • #2
    What they have given you was just a template. I guess this is what they expect from someone who want to withdraw their H1B visa application. You can follow the same format but leave out the employment portion for H4.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thank you Shervin,

      Is there any law that if H-1 application is pending under 221g, and we can not withdraw and apply for same petition?
      From that response it means that if someone like to withdraw h-1 application from 221g then he/she have to leave the employer.

      Thank you

      Comment


      • #4
        I am sure what you are getting at. Are you saying that you want to withdraw your H1B visa application that is pending under 221g and then file another H1B visa application for the same petition. It makes no sense. The application will once again go into admin process as they will have enough records on your case. If you want to work for the same employer, then let the 221g go on and you need to wait for the admin process to get completed which requires some patience. Alternatively, you can withdraw the application and file a new H1B visa using a petition filed by another company or if your spouse is in U.S in H1B or L1 status, then you can file for H4 or L2 (dependent visa) and later when you are in U.S, file a COS to H1B and start working once the COS gets approved. You can file a COS with the same employer and it will not be an issue. If you are trying to withdraw the H1B visa application, then follow the template that they have given you. It doesn't mean that you can never work for the same employer again in the future.

        Originally posted by rpatel59 View Post
        Thank you Shervin,

        Is there any law that if H-1 application is pending under 221g, and we can not withdraw and apply for same petition?
        From that response it means that if someone like to withdraw h-1 application from 221g then he/she have to leave the employer.

        Thank you
        Last edited by shervin143; 04-20-2012, 05:54 PM.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thank you Shervin,

          let me be very clear,

          I have H-1 petition approved and I am working for them.I am visiting india next week and I will go for first time stamping.
          But My wife H-4 is under 221g, and I would like to withdraw my wife H-4 and apply again with my H-1.

          Thank you

          Comment


          • #6
            You can do that. The template that you have got is for withdrawing the H1B application and not for H4. Change it appropriately to match H4.

            Originally posted by rpatel59 View Post
            Thank you Shervin,

            let me be very clear,

            I have H-1 petition approved and I am working for them.I am visiting india next week and I will go for first time stamping.
            But My wife H-4 is under 221g, and I would like to withdraw my wife H-4 and apply again with my H-1.

            Thank you
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Hi Shervin,

              I sent them email( VFS helpdesk email) that this inquiry is about H-4 visa, and they replied that we will get back to you after we received reply from consulate.
              After one hour I got another email from Mumbai Consulate ([email protected])

              Dear Madam:

              Greetings from the Nonimmigrant Visa Section of U.S. Consulate General Mumbai.

              Please follow the instructions below in order to continue processing your pending visa application further.

              You DO NOT require scheduling another appointment. Please visit the Consulate General any business day at 9.30 am with your pending letter, passport, courier envelope and other documents pertaining to your visa application.

              You may carry a copy of this email for ready reference

              Thank you,

              Regards

              Mumbai NIV/lp

              Now, I do not know that I got this email because my inquiry or my company attorney.
              My Company Attorney was working on that through LegalNet Process.
              Any hope that She will get visa.
              How can I find out this response is because of whom.

              Thank you

              Comment


              • #8
                Now, I do not know that I got this email because my inquiry or my company attorney.
                My Company Attorney was working on that through LegalNet Process.
                Any hope that She will get visa.
                >>> I don't think it has anything to do with the enquiry that you made with VFS. It could mean that the admin processing on your application has been completed. If they are calling you in again, then it could be for a second round of interview or just to stamp the visa. One cannot predict which one it really is unless you go to the consulate again.

                How can I find out this response is because of whom.
                >>> There is no way to find out that info.
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  Thank You Shervin,

                  Can Administrative process start without submitting documents mention in 221g because I have never submitted documents?

                  Before 1 week I emailed vfs helpdesk, that my employer is not willing to provide any confidential documents.
                  They replied that emailed 221g, I did, then they again replied that, they are not able to see clearly 221g and they said submit documents you have with covering letter.
                  Now I am getting email to show up at consulate, i think this reply from consulate must be from Attorney inquiry, what your opinion?
                  They also ask to bring courier envelop, any king of envelop can we take or any specification?
                  What is the reason to bring courier envelop to consulate?

                  Thank you for your Guidance

                  Comment


                  • #10
                    That is the standard email that you get from VFS. Courier envelop is something that you can get from VFS. If you haven't submitted any documents, then this could very well be a second round of interview. I am not sure how your lawyer was following up with the consulate. Did he provide any documents to them? If yes, then there are chances that the visa could be approved. Like I mentioned, no one can predict what really is going on. You have to go for the 2nd round of interview to figure out. Keep the forum updated with your experience.
                    Not a legal advice. Use of this information is strictly at your own risk.

                    Comment


                    • #11
                      Hello Shervin,

                      My Company Lawyer never provided any documents, But he was working through state government by LegalNet email Process.

                      lets hope for positive outcome,

                      Thanks for your help

                      Comment


                      • #12
                        Hi Shervin,

                        I am going for stamping H-1 next week,
                        Can I go with my Wife for Interview together, or not?
                        As per email from consulate my wife does not have to take interview.

                        Can I email consulate to inquiry if I can do that?

                        Please help

                        Thank you

                        Comment


                        • #13
                          I am going for stamping H-1 next week,
                          Can I go with my Wife for Interview together, or not?
                          >>> You both can go to the consulate together. But you cannot attend your H1B the visa interview with her. She will have to meet the VO separately.She should carry a copy of the email that she received from the consulate.

                          As per email from consulate my wife does not have to take interview.
                          >>> As per email from consulate she doesn't have to schedule an appointment again. It doesn't say anywhere that she doesn't need to attend the visa interview again.

                          Can I email consulate to inquiry if I can do that?
                          >>> Yes, you can email consulate and VFS.
                          Not a legal advice. Use of this information is strictly at your own risk.

                          Comment


                          • #14
                            Hi Shervin,

                            Yes I mean appointment.
                            So Can I email consulate and ask if we both can give interview together or not?
                            Does this affect anything on my wife case or mine case?
                            Is it a good idea to email them?
                            This time for my wife case, she can ask to give interview in Gujarati?

                            Thank You

                            Comment


                            • #15
                              So Can I email consulate and ask if we both can give interview together or not?
                              >>> You can. But the obvious answer is NO. Yours is a new Visa and her visa is already under 221g. Not sure how both of your can attend the interview together. But you can certainly email them and ask. Give clear information on your case.

                              Does this affect anything on my wife case or mine case?
                              >>> Hard to predict. They may put you case also under admin process as her 221g was requesting documents from your employer.

                              Is it a good idea to email them?
                              >>> Yes, you can email them. That will not be an issue.

                              This time for my wife case, she can ask to give interview in Gujarati?
                              >>> No. If you haven't selected the language while filling DS160, then it is not possible.
                              Not a legal advice. Use of this information is strictly at your own risk.

                              Comment

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