H4 stamping when H1B is in 221G process


My husband’s stamping for H1B is in 221G process from Jan 2016. He got refusal sheet stating there is no qualifying employment for the beneficiary and petition is sent back to USCIS. He is in Full term position for a company , even then he got this letter . His employer is working with attorney to contact USCIS for reaffirmation of petition.

Meanwhile, he wanted to travel US on H4 (as my dependent as I have valid H1B and currently I’m currently in US) . Can he go for H4 stamping, even when his 221g is under processing. Is there any specific things that we should mention in DS160 when attending for H4 stamping.

Can he transfer from H4 to H1B after coming here, as he will be cap exempt?

Please help in answering !!

How did the VO decide there is no qualifying employment for the beneficiary? Were any documents missing?

VO didnt asked any documents. Employer sent all the documents again for safer side to USCIS, even though they didnt asked any documents.

Really surprising that VO decided there is no qualifying employment without verifying any documents. What questions were asked to your spouse in the interview and what were the replies?

Yes. He can apply for H4 visa in India with proper documents for this category. While filling DS 160 form he should mention truthfully about 221 G for his H1 visa while replying to question - Was your visa ever refused?

Regarding VO refusing visa on ground that no qualifying employment for beneficiary- I do not find anything wrong. These days with technological upgradation , there is no need for consulate to see any document - most of the time.In this case , matter is simple. There is some issue between Co and US Govt which is unknown to applicant or there is some issue with the applicant. In the second case , applicant may have problem even with H4 visa. Occasionally it can happen - as it did with my client once- that the petition was wrongly approved. Error was noticed subsequently either by consulate or by US govt and candidate was issued 221 G. He was subsequently issued visa much later- but only only after- Repair Work - was completed.

Thanks a lot for the update!!. His stamping for H4 is scheduled this month end. Before that I have some questions:

  1. As H4 is basically meant for dependent, previously he came on H4 and converted to H1B. So will that make a problem for this time H4 stamping? Will they ask why you converted to H1B , when you went as dependent. If yes, what is the best answer to give to VO.
  2. Also, is there any points we need to take care .

My child of 15 months is struck in India, so we need this H4 to be stamped for sure to bring back him here. Please help.

VO will not ask - why you converted to H1. Nothing wrong about it. No need to be defensive… Keep yr head cool

My wife is in the same boat. She came to US on H4 then moved to H1. Worked for 3 years. Received 221g when she went for H1 stamping.
Were your husband able to get H4 stamping?
Did you withdraw pending 221g?
Did he move from H4 to H1 after he comes to US?

Please respond

I am in a similar situation. I have 221g but I qualify for H4 as my husband is in US. Please update on your case. Was your husband able to travel on H4? If yes, did his H1B approval come through once he was in US. How did he get stamping done post that? Would highly appreciate an answer from you.Thanks in advance

Hi - Can you please update what happened after his interview? I’m in the same boat. I got 221G on my H-1B. I dont want to stay away with my family so I have applied for H4 visa and interview is scheduled at Hyderabad in next few days. Any suggestions,comments or recommendations appreciated.

Hi All - I had my stamping today at Hyderabad consulate. It went just fine and my visa is approved. These are the questions the VO asked - First he wanted to make sure am applying for H4. He asked it twice. Then he asked me is I have applied for this visa earlier. And then he went thru my application and noted that I have applied for H1 also. So he asked me why I’m applying for H4 now. I said I wanted to spend time with my wife and kids. I have got 221G on my H1 administrative processing. The VO did not ask anything more on my H1. His next questions were on my marriage - Like how many people came for the marriage, where was it, the date etc. And then about my wife and her job. Thats it. He said my visa is approved. Others-please share your experience too.

What happened to your husband’s visa?

Hi Navaneeth,

Thanks for sharing your experience. I’m also on the same boat. My H1B is under administrative processing for 3 weeks now and as a family we decided that its time to come back to US on H4. My spouse holds a valid H1B visa with approved H1B petition till November 2019. She still has to get the stamoing done though. I’m planning to apply for H4 but here is my question:
What is during my H4 interview the VO again gives me 221g and keeps my passport. hen in that case if my H1B gets approved, I can’t even get the passport back for H1B stamping.
Please suggest