Hi. I'm Balaji. I have an issue with my H1B now. I'm put up in Singapore and I have my H1B approved last year but when I went for stamping in September I got a pink slip RFE. I submitted all docs given by my consultant in December and I get a yellow slip saying "No Action Required" and the VO didn't seem positive about my case either. It has been a month since and my case is still in admin processing in the status tracker. The problem is I have my marriage in May this year and my fiancé is in USA in H1B. I'm now trying to look for my options as suggested by my consultant to withdraw my visa application from consulate to avoid visa rejection and then enter USA through H4 and convert it again to H1B after I'm in, as my visa will still remain valid till Oct 2014. However this process seems a little vague and we are wondering if it may have some implications to my existing H1B or to my H4 due to any H1B admin processing stature in my records. I would greatly appreciate if you could give your opinion in this regard, in terms of me withdrawing my visa application instead of waiting too long and get a denial. Is this a right move? I don't mind waiting but if waiting means a late rejection or an indefinite holdback for a long run worsening the position further, I would honestly think again. Please advise me if its appropriate to wait to get this admin processing cleared or should I withdraw my Visa application from consulate as suggested by my employer. Thanks a lot in advance.221g processing can at times take a long while. If you have the passport, then you can appear for H-4 visa stamping, travel to US on H-4 and later file COS from H-4 to H-1.
If you appear for H-4 stamping and they ask you to withdraw to withdraw H-1 first, then you can do that and then re-appear for H-4 stamping. However, at times they approve the H-4 w/o worrying about the pendng H-1 processing. So it is up to whether to take that chance or not.
Hi Saurabh,
Thank you for your prompt response. Appreciate it. My consultant fears a possible Visa rejection during the admin processing and hence wants me to proactively withdraw my visa application from consulate. That way he says I will be safe vouched by the fact that my H1B is still valid and I can come over in H4 and quickly change over to H1B again through premium processing. Your expert advise on this dilemma would do me a lot of good. Thanks again.Although IMO it will take few to several months for USCIS to eventually revoke the petition, but if your employer wants to go this route, then it’s their and your call. You can contact the consulate to know about the withdrawal process. I am not sure, if they will still consider withdrawal as a sign of proactive rejection and send the petition to USCIS for reconsideration. You can check w/ your attorney about its possibility.
Hi Balaji,
I am also facing the similar issue. My application is pending since 11 months.
Now I want to go on H4 and do a status change from H4 to H1 in US.
Can you please guide me how was your experience with the application withdrawal. Was your petition valid when you reached US?
Any help would be really appreciated.
Need to take the decision in 1-2 days as my husband already got his H1B.
Thanks in advance.
Hi Balaji,
My h1 is in 221g but i have approved h4 so want to go for h4 stamping. Should i withdraw h1 application before going for h4 stamping or how did u proceed ? Please help
Thanks
Hi Balaji,
My h1 is in 221g but i have approved h4 so want to go for h4 stamping. Should i withdraw h1 application before going for h4 stamping or how did u proceed ? Please help
Thanks