File H4 visa while H1B form 221g is pending

Hi Anil,

Regarding my 221(g) which is still in admin processing. I did file for a Writ of Mandamus and it has been 30 days and i haven’t heard anything yet from the Embassy. But meanwhile my current employer doesn’t want to wait for me anymore and asking me to let go of the job in which case my current H1b would be revoked. Can you let me know what my options here are. I was expecting the writ of Mandamus to be the solution but this unfortunate turn of events is not helping me at all.

  • What will happen to the administrative processing if the H1b gets revoked ?

  • Should i just let the Writ of Mandamus to continue take its course and then apply for a H4 if what ever issue it was gets fixed ? or

  • Should i just apply for a H4 at risk ?

Do you have any suggestions for me ?

Thanks-M

Hi @M3p1

Sorry to hear about that.

How long did you wait to file mandamus? Which attorney did you use?

The admin processing will continue and US embassy may ask for updated H1b (once they are ready with their decision) if your current employer revokes it.

You can apply for H4 at this time as per my opinion. The most that can happen with H4 is that it will also go in form 221g processing.

Hey Anil,

I waited for about 120 days after the 221(g) to file for writ of Mandamus and i have used Nimer Law to do so. When you mentioned an updated H1, do you mean a new H1 petition ?

Thanks-M

ok…your case is in good hands. Nimer law are experts in mandamus.

What i mean is that US embassy cannot approve your visa unless you have a valid USCIS petition. If your employer files for withdrawal, US embassy won’t approve the visa and would ask to submit a new valid H1B i797.

So, if the issue that has been holding my approval back gets resolved and the US Embassy decides to approve the H1b, they would ask for a valid i797. In order to get that i should find another employer and a job who will be willing to do that for me and then go for the stamping with the new petition.

Just making sure i am understanding this the right way.

Thanks-M

Yes, that sounds correct.

Hey Anil,

I have decided to risk it and apply for a H4 visa while my H1b is still under Admin processing.

My husbands H1b expires in September 2020 and he is applying for H1b extension end of march. I am planning to go for my H4 visa interview end of March. My question being:

Should there be a minimum validity on my husbands current H1b visa before which i can apply for a H4 ? Because 6 months is really cutting it close.

Can i be denied a H4 on the grounds that his current H1b is acitve only till September ?

Thanks-M

We had h1b valid till sep 3rd week 2020 and my wife went for H4 visa stamping last week and got it done successfully. I don’t think the validity duration matters.

Hey Aj,

Thank you for the response. I am planning to for H4 early-mid April and am not sure if my husbands H1b would be a determinant to my H4.

Congratulations on your wife’s H4.

Regards-M

Hi @M3p1

I am not aware of any such criteria for H4 visa denial.

Hey Anil,

Good to know. Thanks much

Regards-M

Hey Anil,

I am sorry for coming back with lots of questions and Thank you for answering them all. A quick update on my case. I’ve received an email from the consulate on March 10th asking me to submit my passport, which i did on March 11th. Since then the case status has remained the same as AP but the updated date changed twice on the 12th and 16th respectively which tells me that they are working on the case.

Does the embassy contact my employer to verify my employment since it’s been 6 months from the date of interview ?

Do you know approximately how long the consulates take to issue a visa from the cases that you have seen ?

I also have a few questions. I am currently on leave of absence since Jan 1st 2020 in accordance to my company policy. Is there any minimum number of days i can be out of country with no pay ?

If at all my visa gets approved - what are the supporting documents that i need to carry with me upon arrival at the immigration ?

Thanks- M

Hi @M3p1

You have applied for H4 visa or H1B? I am confused as to why you are talking about an employer if its an H4 visa?

Oh my bad. I was thinking of H4 but meanwhile i got a response on my H1b (i am guessing it’s cuz of the mandamus- not sure though). This is for my H1b.

Thanks-M

Hi @M3p1

Ok, so assuming this email is to submit passport for H1B visa, you are good.

In most cases, you get stamped passport back within 1-7 days.

No need to worry. There is no such condition of how much time you can stay outside US without H1B.

You can stay outside US as much time as you want even if your US payroll was not running.

Just make sure that you withdraw your H4 application.

Hey Anil,

I did not apply for a H4 at all. I was going to end of March but i got an update on my H1b meanwhile.

A little update- My Ceac status changed to Issued just today. :smiley: After 6 long months.

Thank you so much for answering all my questions in a very timely manner. I cannot tell enough of how much you have been helpful. Keep up the good work. Now i have to find my way back to America amidst the Corona chaos.

Regards-M

Congratulations @M3p1

I am glad i could help. Enjoy. I am happy for you.

So, finally mandamus worked for you? How much did it take to get passport request email after filing mandamus?

Can you share for future visitors?

Thank you Anil. It took 53 days from the date of filing till they requested for the passport submission. I filed the mandamus on January 17th and got a reply from the embassy on March 10th.
Hope this is helpful.

Regards- M

ok…it took longer than normal your case then. Thanks for sharing.