221g - Admin Pending for H1

J

july140

Registered Users (C)
My wife went to Calcutta consulate to get her H1 and they have placed her on Administrative processing and it is still pending. Meanwhile she had requested for H4 and got her H4 visa and also she was told that her H1 is pending because they never received verification from one of her ex employer. They would inform at her local address if they receive the letter from them.

Here is the situation, her ex employer went out of business and closed down the office couple of years before. But the consulate is waiting for their letter. What should we do on this situation? She in USA on her H4. What will happen to H1? Can we file H1 once again?
 
Can you please let me know if your wife appeared for interview (second time) and applied for H4 or straight away requested them for H4 and they accepted it.?????????
 
While your wife appeared for H4, didnt they replied that your H1 is still in admin processing.

I mean if you could share the complete details/conversation, I would be able to better understand position.
 
H1 and H4 are two different Visas. If your H1 is pending then still you can appear for H4 if you are eligible. She was told when she called the consulate that her h1 is pending and she can appear for H4 visa. She booked a new appointment for H4 even though H1 is still pending and got her H4 visa.

The consular asked her why you want to get H4 since your H1 is pending. She replied saying that H1 is taking long time but I want join my family early as possible. Then the consular approved her H4. That’s it.

But if your H1b is pending for different reason for example finger print or background check then you cannot appear for H4.
 
july140 said:
H1 and H4 are two different Visas. If your H1 is pending then still you can appear for H4 if you are eligible. She was told when she called the consulate that her h1 is pending and she can appear for H4 visa. She booked a new appointment for H4 even though H1 is still pending and got her H4 visa.

The consular asked her why you want to get H4 since your H1 is pending. She replied saying that H1 is taking long time but I want join my family early as possible. Then the consular approved her H4. That’s it.

But if your H1b is pending for different reason for example finger print or background check then you cannot appear for H4.
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july140,

Thanks for sharing your information. We are in the same situation. My wife is on H1 and in US right now. She came to US on H4. Her H1 got approved on October 2004 but she started working from March 2005. She does not have W2 for the year 2004 and pay slips till Feb 2005 as she started working from March 2005. She has H4 stamp on her passport but no H1 stamp. She is going to visit her home country(India) in March 2006. By that time she will be having W2 for the year 2005 and all the pay slips from March 2005 till Feb 2006. She has to visit Mumbai consulate for H1 Visa stamping.

Do you see any risk?
 
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