Getting a 221(g) administrative processing notice can be a stressful experience, especially when the U.S. Consulate asks for a document that doesn’t seem to exist. If your spouse or child was issued a yellow slip asking for an “I-797 for H4” during their visa interview, you are likely confused—particularly if they have never lived in the U.S. before. This guide explains why this happens and how to resolve it based on successful real-world experiences.
- “I-797 for H4” Requests
- The Confusion: Does an H-4 Applicant Even Have an I-797?
- Why Did My Dependent Get a 221(g) for This?
- How to Resolve the “I-797 for H4” Request
- 1. Clarify the Applicant’s History
- 2. Open a Case on the Visa Scheduling Site
- 3. Provide the Primary Holder’s Documentation
- Real-World Success Stories
- Frequently Asked Questions (FAQ)
- Final Thoughts
“I-797 for H4” Requests
- The Confusion: Does an H-4 Applicant Even Have an I-797?
- Why Did My Dependent Get a 221(g) for This?
- How to Resolve the “I-797 for H4” Request
- Real-World Success Stories
- Frequently Asked Questions (FAQ)
The Confusion: Does an H-4 Applicant Even Have an I-797?
Typically, an I-797 (Notice of Action) is issued by USCIS. For H-1B holders, this is your approval notice. However, for H-4 dependents:
- If applying from outside the U.S. for the first time: There is no individual I-797 for the H-4. The dependent applies based on the primary H-1B holder’s I-797.
- If they have lived in the U.S. and “Changed Status”: Only then would they have an I-797 in their own name (e.g., changing from F-1 to H-4 while remaining in the U.S.).
If the consulate asks a first-time applicant for an “I-797 for H4,” it is often a clerical error or a request for the primary H-1B holder’s updated approval notice.
Why Did My Dependent Get a 221(g) for This?
There are usually two reasons a consulate requests this:
- Clerical Misunderstanding: The officer may assume the applicant previously held H-4 status in the U.S. and is looking for a prior extension or change of status notice.
- Pending H-1B Amendment: If the primary H-1B holder has a pending amendment or extension (Material Change), the consulate may pause the H-4 issuance until they can verify the primary’s current legal status or wait for the new I-797 to be issued.
How to Resolve the “I-797 for H4” Request
If you are stuck in this situation, here is the step-by-step process that worked for others in the community:
1. Clarify the Applicant’s History
Respond to the consulate (via the email provided on the 221(g) form or through the official portal) stating clearly that:
- The applicant has never traveled to the U.S.
- The applicant has never held H-4 status before.
- Therefore, no individual I-797 exists for the H-4, and they are applying based on the primary holder’s H-1B approval.
2. Open a Case on the Visa Scheduling Site
If you received the 221(g) at a consulate like Hyderabad or Chennai, users have found success by:
- Logging into the US Visa Scheduling website.
- Opening a new case/help request.
- Explaining that the applicant is a first-time H-4 candidate and does not have a personal I-797.
- Attaching the primary holder’s current I-797 and the I-797C (Receipt Notice) if an amendment is pending.
3. Provide the Primary Holder’s Documentation
Even if you already showed it at the interview, resubmit:
- The primary holder’s most recent H-1B Approval Notice (I-797A).
- The Pending Amendment Receipt (I-797C) if applicable.
- A letter from the primary holder’s employer confirming current employment.
Real-World Success Stories
Case Study: Hyderabad Consulate An applicant received a 221(g) for a non-existent H-4 I-797. They replied to the consulate’s email stating it was their first time applying and they never had an I-797. Without a direct reply, they received a passport submission request just 4 days later, and the visa was approved.
Case Study: The “New Case” Method Another applicant opened a technical case on the visa scheduling site explaining the same. The consulate reviewed the record, realized the error, and sent an email asking for the passport to be dropped off for stamping.
Frequently Asked Questions (FAQ)
Can my dependent go for an interview if my H-1B amendment is pending? Yes, it is legal to do so. However, be prepared for a 221(g) delay. Some consulates prefer to wait until the primary’s amendment is fully approved before stamping the dependent’s visa.
What if the H-4 was in the US but is now in India? If they held H-4 status in the U.S. previously and filed for an extension there, they should have an I-797. If they left before it was approved, they should use the primary holder’s latest I-797 for the interview.
Should I consult an attorney? Yes. While community advice is helpful, visa issues are legal matters. Always have your company’s immigration attorney review your response to a 221(g) to ensure it aligns with your specific petition details.
Final Thoughts
A 221(g) for an “H-4 I-797” is usually a temporary hurdle. By clearly communicating that the applicant is a first-time traveler and providing the primary holder’s latest documents, the issue is typically resolved within a few weeks.
Have you dealt with a 221(g) recently? Share your experience in the comments to help others in the same boat!
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Please consult with a qualified immigration attorney for your specific case.