221g issued for H4 asking for Spouse valid unexpired visa

USA H4 Visa
1

Hi,
Here is what happened.

  1. First time H1(I797B) issued from Dec’20-March 2022 but issued 221g at in-person interview in Feb’21.
  2. Visa issued in Jan’22. Got stamped from January’22-March’22 (2 months)
  3. Came to US and got extension till 2025
  4. Applied H4 for wife and 2 kids and attended interview at Mumbai
  5. Issued 221g asking for “Husband’s valid unexpired visa”

My wife clearly explained that I am in US and has valid visa extension till 2025 with I94. But VO asked to submit the valid visa stamp.

  1. Next day we thought, can submit the passport with supporting letter from employer explaining my valid visa status, current location as US, recent pay slip and bank statement.
  2. But at the counter, she took only valid I797, 221g letter, expired visa copy and a written letter saying my husband is in US and also she said these docs are enough to issue the visa.
  3. Unfortunately, they have returned the passports along with the same 221g letter
  • Can some one please help me what should i do now. I don’t understand why they are asking for Visa stamp.
  • Can I re-submit the passports again with employer letter.
  • Is there any limit to submit the passports
  • is there any chance to get the application rejected if submit passport with other supporting documents?
2

In response to the 221g you can submit the below documents.

  1. Copy of your passport with the visa stamp.
  2. Copy of old and new I-797 notice of approval.
  3. Copy of I-94 issued online when you entered the US.
  4. Employment verification letter with designation, duties. place of work, annual salary and that you are currently in the US working for your employer.
  5. Last three pay stubs.
  6. Copy of apartment lease, electric bills, US bank statement for checking accounts.

At the VAC, make sure your spouse insist that ypu meed to submit all the above documents and that they take all documents.

3

Thank you for your reply @Kalpesh_Dalwadi
Regarding the #1, you mean expired visa stamp?

This will be the 2nd time if I submit the passport. How many times we can submit the passport? can they reject the application if still they are still looking for valid visa stamp. I fear if they reject, it will be a remark for my family, every time they will be highlighted at Immigration or interview or dropbox.

4

Looks like your Visa is expired on March’ 2022. Before your H4 goes to visa now, you will need to get stamping first until 2025 and then your H4 will get stamped. Since you do not have a valid visa stamp they are issuing 221g. That is the main required document for H4 visa which is valid visa stamp of primary applicant.

5

Thank you @Sujith_Pedapudi for sharing your thoughts.
I heard valid I797 is enough if the main applicant is staying in US. Even somewhere in USTravelsDocs, I read this.

For now its very hard for me to go to India, get the visa slot and it will take 1-1.5 month to get it stamped. Thinking if there are any other ways to get H4 visa.

6

Yes, that is what I meant.

You can submit as far as they request and until they deny.

7

@Kalpesh_Dalwadi I would like to send an email with all the supporting documents that I am staying in US. can you please let me know to which email id I should send. Biometrics and Interview location is Mumbai.
Right now, I have these email ids. support-india@ustraveldocs.com or MumbaiConsDirect@state.gov or HLprocessing@state.gov

8

Email id should be on the 221g or tje emails communication from the consulate. Call VFS to double check.

9

@Meluha21 : please let me know if the H4 visa got approved and what docs did you submit for the same? I’m in the exact same situation and have received second time 221g asking for primary’s visa and my spouse is currently in the US and no appointments available. I have 2 US citizen kids who are missing out on school. Thanks for your response.