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Posted on 28 Apr 2011
Q.

H1 to H4 While H1B 221G Admin Processing in pending

My wife was in H1B working for consulting firm. Recently she went to India to attend H1B Visa interview in India at Chennai visa consulate and was issued 221G Blue form asking for additional documents. I am currently in US on H1B. Can I apply H4 to my wife while her H1B 221G RFE is pending? Do we need to withdraw her H1B petition to apply for H4? How long do you suggest to wait for applying H4 while H1B in pending ? Lets say if she she is back to US on H4, do we have any option to change her status to H1 and use old H1B assuming 221g processing was positive ? Is it advisable to apply for H4 when H1B is in pending ? Please advice the safest way to proceed.

User's Location: Chantilly, Virginia, United States of America
Category: H1B Visa (Work Visa)
Posted on 02 May 2011
A.
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

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