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  • H4 visa pending for 1 yr.

    Hi Guys,

    My spouse's H4 visa has been pending for almost 1 yr now under 221(g) administrative processing . In the meantime, I reapplied for a new H1B visa (since my previous one was from an older company and finally expired) and I got mine approved. Given I applied for a new visa, my company's immigration attorney suggested that we reapply for a new H4 visa for my spouse.

    So we reapplied for my spouse's visa 4-5 weeks ago and she got another 221(g), however they kept her passport this time around. The visa officer promised that they'll be able to get back in a week or so, but we've not heard back anything as of yet. They've asked for no documents.

    We've tried everything including raising the issue visa the local congress office, emailing the consulate directly (only to get templated replies) and talking to our attorney, who says he can't do much since USCIS will not even care what he has to say and that the company would be wasting money having to pay for the work that wouldn't be fruitful.

    We're in a fairly odd stuck situation since I've never heard of a H-4 visa pending for so long. This is extremely frustrating. I would love to hear back from some of experienced fellows on this forum if anybody has been in this sort of situation before and what has helped (if anything?). Any other thoughts are also welcome.

    I thank you all for your responses in advance.

    Cheers.

  • #2
    Why did you attend the H1B visa interview alone. Your best option would have been to take your wife along with you. You should have scheduled the H1B/H4 visa interview together in a single slot. There is no other option now other than to wait for a response from the consulate on your wife's case. There is no option expedite the admin process.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by kaluram View Post
      Hi Guys,

      My spouse's H4 visa has been pending for almost 1 yr now under 221(g) administrative processing . In the meantime, I reapplied for a new H1B visa (since my previous one was from an older company and finally expired) and I got mine approved. Given I applied for a new visa, my company's immigration attorney suggested that we reapply for a new H4 visa for my spouse.

      So we reapplied for my spouse's visa 4-5 weeks ago and she got another 221(g), however they kept her passport this time around. The visa officer promised that they'll be able to get back in a week or so, but we've not heard back anything as of yet. They've asked for no documents.

      We've tried everything including raising the issue visa the local congress office, emailing the consulate directly (only to get templated replies) and talking to our attorney, who says he can't do much since USCIS will not even care what he has to say and that the company would be wasting money having to pay for the work that wouldn't be fruitful.

      We're in a fairly odd stuck situation since I've never heard of a H-4 visa pending for so long. This is extremely frustrating. I would love to hear back from some of experienced fellows on this forum if anybody has been in this sort of situation before and what has helped (if anything?). Any other thoughts are also welcome.

      I thank you all for your responses in advance.

      Cheers.
      Can you pls share which consulate she attended?

      Comment


      • #4
        @shervin143. That's a great question. At that point in time, the thought process was that the reason they're not giving her the H4 was because my visa was from a previous company and i was working for a new company. They could not have stamped her a visa on her passport for company X (since I had already left it) at the same time they could not have stamped company Y (my new company on her passport) since I didn't have a new visa from company Y yet. Hence the lawyer suggested that I should try for my renewal and if I get my visa it may let her visa come through easily. Her visa was already under admin processing when I applied for my renewal and so the other thought was we didn't have to apply for a new visa for her and just see how it goes with my renewal. This did not work out as intended and her visa is still stuck. It's super frustrating to say the least.

        Since you seem to be a long veteran on this forum or atleast it seems like it, do you know of other cases where the visa has come through after so long? Can we approach the DOS directly or write to the US ambassador or any other relevant office directly to get some speed behind the case? 1 yr is simply ridiculous.

        Originally posted by shervin143 View Post
        Why did you attend the H1B visa interview alone. Your best option would have been to take your wife along with you. You should have scheduled the H1B/H4 visa interview together in a single slot. There is no other option now other than to wait for a response from the consulate on your wife's case. There is no option expedite the admin process.

        Comment


        • #5
          Both Kolkata and Delhi.

          Originally posted by gkr747 View Post
          Can you pls share which consulate she attended?

          Comment


          • #6
            Unfortunately there is no defined process to speed up the admin process. 1 years is pretty long time and it is not new. There are similar cases. The best option is your case would have been to withdraw the previous H4 visa application and filed both H1B/H4 together in a single slot using the approval notice from your new employer. When H1B gets approved, H4 will also get approved (in most cases). Enquiring with DOS will not help much. Enquiries from a local senator's office has helped few cases to speed up things. But consulates are not required to give into any kind of pressure from anyone as they are held responsible for admitting a person into U.S in anything goes wrong.

            Originally posted by kaluram View Post
            @shervin143. That's a great question. At that point in time, the thought process was that the reason they're not giving her the H4 was because my visa was from a previous company and i was working for a new company. They could not have stamped her a visa on her passport for company X (since I had already left it) at the same time they could not have stamped company Y (my new company on her passport) since I didn't have a new visa from company Y yet. Hence the lawyer suggested that I should try for my renewal and if I get my visa it may let her visa come through easily. Her visa was already under admin processing when I applied for my renewal and so the other thought was we didn't have to apply for a new visa for her and just see how it goes with my renewal. This did not work out as intended and her visa is still stuck. It's super frustrating to say the least.

            Since you seem to be a long veteran on this forum or atleast it seems like it, do you know of other cases where the visa has come through after so long? Can we approach the DOS directly or write to the US ambassador or any other relevant office directly to get some speed behind the case? 1 yr is simply ridiculous.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Hi @shervin143. My current H1b petition expires pretty quickly towards the end of the year since it was approved in 2010. How long before can I apply for a renewal of the H1B petition and also how soon before my current H1b expires can I get a new stamp, or am I eligible only to get a new one once the current one expires? That may give me an opportunity to withdraw and reapply with my spouse later this year or sooner.

              I also qualify for a L1 based on the requirements. Would you recommend considering that route over the the H1b extension? Any thoughts on the above? Thanks a ton for your comments. They honestly mean a lot.

              Comment


              • #8
                My current H1b petition expires pretty quickly towards the end of the year since it was approved in 2010. How long before can I apply for a renewal of the H1B petition
                >>> You can file the extension anytime within 6 months of your current I-94 expiry date.

                and also how soon before my current H1b expires can I get a new stamp, or am I eligible only to get a new one once the current one expires? That may give me an opportunity to withdraw and reapply with my spouse later this year or sooner.
                >>> You can apply for the H1B visa anytime after your H1B extension gets approved.

                I also qualify for a L1 based on the requirements. Would you recommend considering that route over the the H1b extension?
                >>> H1B is more flexible than L1. Go for H1B extension and if for any reason it gets rejected or if you face any issues during the H1B stamping, you can consider L1.
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  You rock shervin143!! Just one additional question. Can you point me in the direction of why H1b is more flexible? I'm thinking L1A to EB1 here eventually.

                  Comment


                  • #10
                    Extension beyond 6th year is possible only in H1B. Also, changing employers are easily when you are in H1B. If you are thinking of L1A, then you can go for it as it will make you eligible for EB1. Compared to L1 individual or blanket, H1B is better IMO.

                    Originally posted by kaluram View Post
                    You rock shervin143!! Just one additional question. Can you point me in the direction of why H1b is more flexible? I'm thinking L1A to EB1 here eventually.
                    Not a legal advice. Use of this information is strictly at your own risk.

                    Comment


                    • #11
                      H4 pending since 1yr @Hyd consulate

                      Hi
                      We are also in the same boat. My husband's H4 visa was put under 221g and even the passport is with the consulate from the past 1yr. The same template reply whenever we tried to follow up the case through email, calling DOS, making enquiries through attorney and even for senator enquiry.

                      I haven't changed my employer. In fact, nothing got changed from my side. So, we didnot try to withdraw the current H4 application and apply it again with a fear that we might get 221g again.

                      However, recently we requested the consulate to return the passport, though we would like to continue the 221g AP. We used to get the template reply immediately after sending the follow up email. But this time, we didnot recieve any response from the consulate.

                      After following up with VFS & consulate so many times, finally got the email that the passport is ready to collect. Not sure whether the passport is returned in reponse to our request or got stamped with Visa.

                      Really very nervous, he gonna collect the passport today. Can't wait to know!!!

                      @Shervin, thanks for your valuable suggestions. What could be the options for my case if the passport is just returned without the stamp? Is it suggestible to stop the current 221g and apply again? or is it better to wait till the AP is complete?

                      I appreciate all your suggestions.

                      Thanks
                      Sri

                      Comment


                      • #12
                        @Shervin, thanks for your valuable suggestions. What could be the options for my case if the passport is just returned without the stamp? Is it suggestible to stop the current 221g and apply again? or is it better to wait till the AP is complete?
                        >>> Two options.

                        1) When you visit India, file H1B/H4 visa interview together. Withdraw the H4 application before filing a new one.
                        2) If you change your H1B sponsor, your spouse can withdraw the current H4 visa application and apply again using the documents from your new employer.

                        If you withdraw and file it again with the same set of documents, the case can go into AP again. But since it is more than a year, I hope your spouse might get the passport back this time with the visa stamped.
                        Not a legal advice. Use of this information is strictly at your own risk.

                        Comment


                        • #13
                          @svch Sri, can you let us know the latest status after your husband picks up his passport today. This will be tremendously helpful. We hope things work out finally! Good luck.

                          Comment


                          • #14
                            Hello,

                            Kaluram, I may be in a similar boat very soon. Shervin, what is this funda of H1b/H4 apply together ?
                            My situation: I have my (first) H1b Stamped with the name of my previous employer A and is valid till late 2013. I have switched jobs and now work FT with employer B and my current petition is valid till early 2014. I will get married this November. Since my petition is valid till 2014 and my stamp till late 2013, I was told by my immigration guy that I dont need to go in for another stamping and that my wife could schedule a visa interview date after all formal paperwork (marriage registration (Is that to be done in the local court of where the marriage took place?)) and attend the interview alone.
                            Am I missing something ? If you can please enlighten with the steps that y'all think you should have taken, I could learn from them.

                            Cheers,
                            This is my opinion. Not a legal advice

                            Comment


                            • #15
                              Well, if you have avalid H1B visa in the passport as of the date of return, there is no need to go for visa stamping again. The only benefit of applying H1B/H4 together is if H1B gets approved, so will H4 (at least is most cases). There are so many ocurances where the H1B was approved but when H4 was applied later, it was put under admin process. Also, it is easy to get the required documents from the employer when the H1B candidate applies for visa. Some employers are very reluctant to give confidential documents when requested for their dependents. With H1B/H4 applying together, most of the questions are directly asked to the H1B holder.

                              Originally posted by happybuddha View Post
                              Hello,

                              Kaluram, I may be in a similar boat very soon. Shervin, what is this funda of H1b/H4 apply together ?
                              My situation: I have my (first) H1b Stamped with the name of my previous employer A and is valid till late 2013. I have switched jobs and now work FT with employer B and my current petition is valid till early 2014. I will get married this November. Since my petition is valid till 2014 and my stamp till late 2013, I was told by my immigration guy that I dont need to go in for another stamping and that my wife could schedule a visa interview date after all formal paperwork (marriage registration (Is that to be done in the local court of where the marriage took place?)) and attend the interview alone.
                              Am I missing something ? If you can please enlighten with the steps that y'all think you should have taken, I could learn from them.

                              Cheers,
                              Not a legal advice. Use of this information is strictly at your own risk.

                              Comment

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