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

Asked over 1 year ago - 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)

  1. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . 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)... more
  2. Elizabeth Diane Alvarez

    Contributor Level 9


    Lawyer agrees

    Answered . 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.... more
  3. Angelique Giselle Montes

    Contributor Level 12

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

  4. F. J. Capriotti III

    Contributor Level 20

    Answered . 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... more

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If you have special skills and the right experience, you might be eligible for a H-1B visa if there is a shortage of qualified workers.

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