H1B dropbox refused and received 221g in interview - Applying H4 Visa

Hi All,

I have provided my case details below, please review and let me know your suggestions,

I went to USA on F1 visa in Aug 2015 and graduated in Dec 2016. Applied for OPT/Stem OPT and as I didn’t get my H1B visa, joined CPT (Jan 2020 to May 2021). In June 2021, I got my H1B visa and changed my employer in Dec 2021.
Recently on Dec 7 2023, I have dropped my documents at VAC Chennai for H1B stamping and it got refused on Dec 14th with 221g white slip to attend interview on Jan 4 2024. In Interview VO asked about all details from 2015 to till date, I have explained him all Masters/OPT/STEM OPT/CPT and H1B details with respective timeline. Also said that in year 2018 (Feb to Nov) I was under X consultancy and took training which is in my STEM OPT period and I don’t have paychecks and W2 from that period. VO questioned me that did I paid any amount to get training under that X Consultancy, I have explained VO that during training I didn’t paid any amount to that Consultancy and he took Voluntary written statement from me which I explained him from 2015 to till date, where I studied and worked with dates and issued 221g requesting below documents to submit

  1. Paystubs from Feb 2018 to Feb 2020
  2. Bank statement from 2018 - 2020
  3. Training Evidence details from X Consultancy with emails/ training modules

when VO gave me the 221g white slip, I have mentioned that I don’t have Paystubs with X Consultancy in year 2018(Feb-Nov), then VO said “you can submit whatever you have” and didn’t provided me a copy of my written statement.

Now, I’m planning to submit whatever document I have with me. but, my current employer is not able to wait until my H1B 221g petition is resolved and planning to revoke my current active H1B petition.

If I withdraw my H1B petition because anyway it is being revoked by my current employer and apply for H4 visa (my spouse is having H1B visa with i140 approved and I have a kid with US passport).
what is the approval rate for H4 visa and will be there any red flags tagged on my profile based on my voluntary written statement during my H1B 221g interview.

Thanks in advance.

Every visa application is accessed independently so as far as you haven’t violated the OPT/F1 status or H1B employment terms, you have no reason to worry about your written statement impacting your H4 visa application.

As far as revoking of H1B, your employer have a valid reason of not being able to wait and if the VO ask during your H4 interview you can truthfully explain the reason.

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Hi @Kalpesh_Dalwadi,

Thanks for your reply, my STEM OPT Period is from Feb 2018 to Feb 2020 and I don’t have payroll in period Feb-Nov 2018. Does it considered as STEM OPT violation?

Did you get H4 visa stamped?