Can I apply for H1B visa while a 221g on H4 visa is issued?

USA H1B Visa
1

Hi,

I was issued a 221g background check when i attended my H4 visa interview at Kolkata 4 weeks ago. I was given a projected timeperiod of 2weeks to 2 months. I am a doctor and now my hospital is ready to file for an H1-B petition on my behalf. They have suggested that they will send a consular notification H1-B petition and I should re-appear for an interview at the same consulate with an H1-b petioin. My interview date will approximately be in the 6th-7th week of my h4 221g admin process. My question is, is this a safe option? What are the odds of being issued another 221 g on my H1. I am a muslim female and have a pretty common muslim last name.

2

It is possible that you hit similar query on your H-1 stamping. There is no way to safegaurd against this, and it will be the officer’s discretion.

3

Saurabh, thanks so much for your prompt reply. I am hopeful that my admin process clears within 8 weeks and I return on my H4 and then eventually undergo an in country change of status from H4 to H1. I will be opting for premium processing of my H1. I read online that COS takes 3-6 months. Will premium processing hasten my COS? Thanks in advance for your reply.

4

When just the COS is filed, there is no option of PP. However, if H-1 petition (transfer or extension) is accompanied, then PP can be filed.