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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.

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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.

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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.

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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.

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