Returning on H4 while H1B stamping is pending 221g

USA H1B
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1

Hi Anil,
I received 221 g yellow slip 2 months back, for first time H1B stamping. MY previous visa was L2 I did a change of status from L2 to H1B. I was eligible for dropbox for H1B stamping I received 221g yellow slip, They requested a few documents( LCA, I-129, petition), and I already replied by email, but after that no status update.
I don’t know how much time it will take.
My question is

  1. Can I apply for an H4 visa in H1B 221g under process?
  2. Did I need to cancel my current 221g process?
  3. Can I filed for Writ of Mandamus?
2
  1. You can apply H4 if your spouse has H1B.
  2. No need to cancel the current 221g process.
  3. You can file a writ of mandamus if you want.
3

Thanks for Update

When I try for H4 it’s showing me again Dropbox eligible. I want to choose an interview.

How do I avoid Dropbox even though I am eligible for it?

4

The only way is to choose a wrong answer for dropbox, which I don’t suggest.

1 Like
5

In my case, the primary H1B holder has a valid I-797 but no H1B stamp on the passport. He did COS in the USA from L2 to H1B. Can I get an H4 stamp if the primary applicant doesn’t have an H1B stamp?

6

I applied for h4 visa. I booked and appointment but I got in person slot .
Is this correct ?
I am eligible for dropbox but still I received appointment

7

@Technopia_IT_Solutio Hi, were you successful with your H4 case? I am also in the same boat with my H1B 221g case and would like to try H4 on my spouse H1.

8

@ kallis Yes, I received H4 visa and I travel on h4 Visa.

9

Hello anil_am22,
I need your help here. I got H4 visa in December I travel on H4 visa.
Now I received email my case is resolved and they asking me submit passport for H1B stamp.
My question is :
should I travel back to India to obtain an H1B visa stamp, or is it advisable to stay here and apply for a Change of Status (COS) to H1B?

10

@Technopia_IT_Solutio Thank you, this helps. I am waiting for almost 5 weeks for an update from consulate. I am planning to wait for 3 more weeks and then pursue H4 option. They say most of the admin processing cases are resolved in 60 days. I know this is not a hard time frame and it varies between case to case but would want to take a chance to see if I get lucky in next 3 weeks.

11

@Technopia_IT_Solutio I got a 221g after attending an in person interview in December. The visa officer kept the passport with her and said it will take few weeks for administrative processing. If I want to apply for a H4 visa in this case, the passport being at the consulate how can proceed with the process? Am I eligible to apply for a H4 visa without a physical passport with me?
@anil_am22

Thanks