H1b 221g to H4 to H1

[bosyork]

Hello,

My husband recently went for his H1b interview and the US consulate gave him a 221g and asked to submit more documents around his role, petitioner's information etc.. Could you please let me know regarding the following:

1. I am on H1b - can my husband apply for H4 when his case for H1b (221g) is under administration by the US consulate ?
2. Is there a particular gap that we need to have before applying for the H4 visa ?
3. If he gets the H4 visa, what happens when his H1b visa gets accepted (or the case closes)? what are the next steps then ? Can he go back to H1b ? If so, what is the procedure ?

4. if his h4 is approved, consulate will keep the passport and send it back to you in 2 weeks. ?

5. And during that time or after, they also approve h1b and call for the passport, you will have to send the passport back to them once u get it back with h4 stamp.. ?

6. And then they will revoke h4 and give u h1 ?

I would appreciate if someone can throw some light on this as soon as possible.

[Mr. Knowitall]

If your relationship existed when your spouse was granted H1B status, you are eligible for derivative (in this case H4) status and thus are eligible to apply for entry and enter the U.S. under that derivative status. When seeking H4 status I would suggest informing the consulate that you have a hold on your H1B application and want to join your spouse in the U.S. pending the completion of that review, and to make sure they have contact information so they can inform you when the review is complete.