Skip to main content

Can i apply for H4 visa while my H1B visa is still under administrative processing.

Dallas, TX |

i went for H1B visa and got 221(g) from visa officer. on this form it say my application requires additional administrative processing before a final decision can be made.
Can i apply for H4 visa and go for stamping while H1B visa is still under administrative processing.

Attorney Answers 4


That depends on whether the H1 visa holder, your spouse, is still in good standing vis a vis the H1 visa he or she holds.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Mark as helpful

5 lawyers agree

1 comment



Yes, my husband holds a valid h1-b valid till oct 2015. He works for a Fortune 500 company. So in this situation can I apply for a H4 visa while my H1-B is in pending 221g administrative processing. I called Uscis customer service and they told that when an H1-B is in pending status I should not apply for H4 visa


I agree with my colleague that it depends on on the status of your spouse's visa. I also think it's important to make sure that you never do anything to endanger your status, so I would check with an immigration attorney. Take all the paperwork related to this and your spouse's visa and explain what you'd like to do.

Please remember this is not official legal advice, and this is no way establishes an attorney-client relationship. For a free 15 minute phone consultation please call 972-638-7207.

Mark as helpful

1 lawyer agrees


Is the H-1 administrative process pending at a US Consul? If so, I doubt that they'll give you an H-4.

Talk to the lawyer(s) involved (your company's for sure ... and possibly your husband's company's immigration lawyer).

Whatever you do do NOT talk to non-attorneys in HR.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Mark as helpful


You should consult an experienced immigration attorney before attempting to apply for an H4.

Mark as helpful

Immigration topics

Recommended articles about Immigration

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics