H1b 221g Blue - Converting to H4

Hi,

My wife went to India for a short vacation and she got stuck there. She appeared for Visa interview at chennai consulate and they gave her 221g Blue - No additional documents requested. "Aplication Processing Information" is ticked (The petetion is being returned to USCIS for further review. Upon completion of the review, USCIS will contact your petetioner. Please wait for notification from the Consulate before returning.)

Here are there key points to note:

- She was F1 Student visa when she first came to USA
- Company-X filed for her H1B using Client-A documents and she got her H1B approved last year
- 6 Months ago, she moved to Client-B where she is currently working
- LCA, Tax returns, Paycheks everything is fine. No additional documents requested by the visa officer
-When we got married, my wife was on F1-Visa, later she was on OPT and then she converted to H1B. We were in married status when she got her H1B.
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Question:
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I am in USA on H1B visa. Can my wife appear for H4 visa without revoking her H1B or by revoking her H1B? Because, I heard that checnnai consulate is holding the 22g applications for around 2-3 months. She can't stay in India that long. She'd rather quit her job and stay home. Also, my GC dates will be current in few weeks. So, she has to be here to file for 485. Any complications if she goes for H4 visa immediately??! If her H4 got rejected then we will be in a bad situation. Please assist me on this. Cheers!

If they requested no information from your spouse, perhaps there is a problem or issue with her employer? Was her H1B transfer still pending at the time of her travel? Do you have any idea what is going on? I'm a bit reluctant to speculate about ramifications without any sense of why the consulate wants to conduct its investigation.

Your proposed solution is for her to withdraw her H1b petition, enter under H4 status, then change her status back to H1B based upon her resumption of employment? Her employer is willing to go along with the plan?

Visa Officer kept her I797 and all the documents with him and returned the passport. There are middle vendors between her employer and client. There is no H1 transfer. But she changed the clients. She has been with the same employer right from her college. Is it possible to apply for H4 visa without withdrawing the H1B visa application. I am getting different answers from VFS and Chennai consulate. I called the both. VFS says she can not apply for H4 visa without withdrawing her H1B application and she may apply for H4 in parallel. Not sure who is correct! Will it be a problem if she attends H4 visa immediately or do you think it is worth waiting for sometime?

hey buddy,

i am in the same bot. my wife's passport is stuck for additional verification. they didnt give her any slip. i am also thinking about the option of H4. My dates also could be current in a month or two. let keep each other posted on the updates.

good luck