First time H1b stamping in Toronto after OPT - green form 221g

Hi Anil,

Me and my wife went for H1 and H4 stamping to Toronto( we recently received our PR).

During my interview all questions were directed for my wife regarding her previous visits on B1/B2 and if she had done any illegal work during her stay.

Then she started digging my profile and about any illegal work done during OPT.

We answered very clearly as there was nothing of such sort. She gave us a green 221 g refusal slip and said she needs more time to decide on our case and cannot tell how long it might take to hear back.

No documents were asked and passports returned. We are expecting a hear back in 1 month to 45 days. But I am little worried it might take longer than that. please help.

Hi @Arav

If they have kept the passport, then plan to wait for around 3-4 weeks.

Have they checked anything on the form 221g to be submitted?

Did your wife enter US on B1/B2 and then converted to H4? What was your wife’s last status in US immediately before this visa stamping?

Do you know that entering US on B1/B2 and then converting to dependent visa like H4 is considered conflict of intent?
How much time did your wife spent on B1/B2 in US? Was she married when she came to US on visitor visa?


No, they have not checked anything on the form.

My wife entered US on B2 visa( I was on OpT at that time and not sure of staying in the US, so we did not go for any visas and she used her visitor visa. She mentioned everything in the port of entry). We were advised to apply for COS but did not convert to H4 as we know it can lead to problems in future.

This is her third visit and she stayed for 6 months. In her previous visits to her sister she once stayed for Six months and 3 months. But she never overstayed. At the end of this six months v came to Canada for H4 visa stamping.

We were married in India not in the US. She travelled to US after 3 months of marriage.

They did not keep our passports. I know it is going to be a long wait but I dont understand why it takes so long to enquire about this. Should we prepare for 6-8 weeks. Please dont say its going to take more. My job can be in a questionable place after 2 momths.

Hi @Arav

I cannot really say how much time this may take.

There is a clear conflict between the B1/B2 visits and the current status. Ideally, you should not use B2 visa for the purpose that you have used for.

It depends on the visa officer on how he takes it. H4 is a pretty safe visa though and if visa officer did not deny it straightaway, then your chances of approval are good.

But, there could be a wait of about 3-6 weeks that i see.

Hi Anil,

I have been checking me and my wife’s status on CEAC website. Our case was created on Sep 19 our interview.
My wife’s case was updated oh 25th Sep and mine was untouched. On Oct 3rd mine and wife’s status was updated.

Today on Oct 10th I received an E-mail from them saying like this, “Thank you for contacting the US consulate general in Toronto. Please provide your petition as filed with USCIS”.

Nothing was mentioned on how to submit and I haven’t made any contact with them as I was told to wait to hear back. Is it a good sign or do I have to be worried about. Please help. Thanks

Hi @Arav

The status update on CEAC website is a good and it means that your application is moving forward.

Hi Anil,
I want to update my case. On 15th, I received an email saying that the embassy has received my passport and visa application under visa interview waiver guidelines but are unable to proceed without 2*2 passport photograph and asked me to mail it via post.

I have mailed both mine and my wife’s photos. Haven’t heard back from them yet but my was Case updated on 23Oct but not my wife’s.

I have an inquiry here I have created 2 ds 160s but only one visa application (I mentioned my wife H4 as accompanying in the same application ).

So if i receive An email requesting passport should I send both of ours or just mine. Please help. And requesting photos i believe is a good sign. Its been 30 working days now.

Hi @Arav

Moving ahead and asking for pictures is a good sign.

Each visa application is processed separately even though you submitted them as a group.

You should get the passport submission email for each passport separately.

I need more clarification on this. U meant that I will receive an email separately and my wife’s gmail account will receive an email separately right? Are You sure about this? Because i am little worried now. I thought it the other way. But we send both of our photos this time.

Didn’t you get separate DS160 number? Each DS160 is a separate application and has separate contact information as far as I know.

You check each application status separately using the DS160 number on CEAC website. Isn’t it?

Hi Anil, yes you were right about it. We recieved two separate emails. My wife’s Mail said something like this. Can you please clarify if it is a passport request or for addditional documents

Hi @Arav

This is a passport request which simply means that you should visit embassy and submit passport for further processing. In 99% of cases, this means that visa is approved.