F2 interview experience in Chennai - Visa Refused 214B

[Bharathn]

Hello Friends,

Would you be kind and patient enough to go through the F2 Interview Q&As given below and advise where I went wrong. 

Background:

I have eligibility for Cap exempt H1b work authorization with 37 months left out of 72 months. My previous H1 visa application in Chennai, earlier in July 2016, was 221G refused, due to No client letter.

My wife is in US on F1 OPT working in CA. Hence, I applied for F2 visa in Sept 2016 at Chennai, with previous H1B application still in pending 221G. But, the F2 visa was refused under 214B, after unusually long interview of close to 30 mins.

Will this have any major impact on future H1B visa application? Please go through the below Q&As of F2 interview and advise.

Interview Q&As:

Me: Good morning Officer.

Of: Good morning, Can I see your Passport & I797? 

 

Me: Err, I am sorry, do you mean I-20?

Officer: Correct, I am sorry, it's been a busy day for me.

 

Me: *hands over the Passport, I-20 for F2 and F1 applicant.

Officer: *takes it, keeps on the table, reads something from the screen and later walks to talk to a different officer, inside. After some 5 to 10mins, he returns to the window along with another officer and both look at the screen and discuss something for 5 mins and then Officer asks,

 

Officer: Where is your wife planning to do her OPT?

Me: Schaumburg, IL. *proceeds to hand over employment letter, but interrupted by officer,

Officer: Ok, please hold on.

*switches off mic and continues discussing with the other officer, then one more officer joins the discussion, at the interview window. After some 5 to 10 mins the other officers leave, then this officer switches the mic back on and asks me,

 

Officer: What do you plan to do in US?

Me: I want to join my wife in US, it's been quite a while we have been apart, so I want to be with her and support her morally and physically. F2 holders are allowed to apply for part time college, I may pursue that option as well.

 

Officer: Ok, you were working previously in the US on H1 petition, can you explain about that?

Me: Yes, the previous visa expired in August 2015, my employer applied for a new petition, which was approved by USCIS in May 2016. 

 

     I went to the Visa interview in Chennai in July, where the officer asked for a client letter, during the interview. I was given 221G, as I was unable to provide the client letter. But, I gave the service agreement between the End client and the vendor. The officer looked at it but, still insisted on getting the Client letter. 

 

     I then went back and asked my employer about this, but they could not provide me the client letter. My employer said that the vendor had stopped hiring contractors since the previous quarter & also the End client was not providing client letters for the Vendor's employees themselves, since previous year. This was due to some audit taking place at the End client company. 

 

Hence, it didn't work out, I had to resign from that employer and I am currently unemployed. But, at this point in time, my priority is family and I want to take a sabbatical from work, which is why I want to be with my wife.

 

Officer: Ok, thanks. 

*he looks at the computer types something and then asks next question looking at the I-20 document.

 

Officer: When does your wife's OPT end?

Me: May 2017.

*he looks at the I-20 and types something..then I continue to speak.

Me: Officer, my wife is a bright student, she has been awarded scholarships during her MS at UTA, she might plan to pursue a PhD, after her OPT. She is in talks with her DSO about the same.

*Officer keeps typing and then asks,

Officer: Where does she plan to pursue that?

Me: UTA, in the same university.

*Officer keeps typing for a minute and takes a 214B form, ticks cross mark on 1st checkbox and hands it over to me. (I have attached a scanned copy of the same with this email)

 

Me: *Shocked, I plead the officer. Officer, would you please let me know why this decision has been taken? 

Officer: Its explained in the form I gave, I am sorry. I understand your situation and it's hard to stay away from your spouse. But, I tried to find out in 2 to 3 different ways in which I could grant you this visa, but none of them worked out. I am sorry.

 

Me: Thanks officer for trying, I respect your decision. Have a good day. 

*Leaves the Interview window.

 

Thanks,

Bharath N.

[rahul412]

Try H1. Its hard to convince any person that you won't go for H1 once you land in US.

[Bharathn]

Thanks Rahul, I tried convincing the VO, but it didn't work. But I wonder what he was discussing and thinking for so long. 

I will try for H1, hoping that this rejection will not affect it.

[shekar11#]

You said your H1 visa was still under 221G when you attended the F2 visa. You should not have done that. You should have waited or withdrawn your H1 application first. That raises a flag for the officer.

[Bharathn]

I agree Shekar, that might also be the reason. I should have withdrawn the application first. Thank you.

[rahul412]

19 hours ago, Bharathn said:

Thanks Rahul, I tried convincing the VO, but it didn't work. But I wonder what he was discussing and thinking for so long. 

I will try for H1, hoping that this rejection will not affect it.

It won't work. Go for H1, end of the story.