H4 stamping after H1 refusal(221g)

[Guna]

Hi,

 

I was working on L1 from july 2009 to Apr 2012.

I had my H4 stamped in July 2012 and travelled back to the US on H4.

I applied for a H1 with husband's employer (apr 2012) and that was approved by Jan 2013 after RFE. 

I never worked using this H1 as it was filled as consular processing.

I came to India and went for H1 stamping at chennai on Apr 10 2013. Got 221(g) blue slip requesting additional documentation. 

After submitting those docs got a refusal letter on June 14 that my visa was sent back to uscis.

Now I am planning to appear for H4 and join my husband asap.(I already have H4 stamped once in 2012 before this H1 refusal)

 

1) Can I appear immediately for H4 stamping or is there any advisable wait time( I know legally there is no wait time needed).

 

2) Are there any problems in my case. 

 

3) I read some forums that says H4 was screwed up after H1 denial VO stating that H1 is pending processing and another visa cannot be issued until uscis takes a decision. Is this true ?

 

4) What should I be prepared for ? any specific Qns? Do you advice any extra documentation to be carried. 

 

H4 is my last lifeline to join my husband and Im stuck here with the kid for almost 3 months now.

 

I am really worried .Please advice.

 

[pontevecchio]

Is your spouse in valid H1 status with proof and working for an employer who would not be suspect by the USCIS based on past history?

[Guna]

My husband is on a valid H1. He is with the same employer(desi company) since 2009 oct. 

My husband has not had any issues with USCIS so far.

can you elaborate more on what would be suspected and what proofs do we need to make our case clear.

[pontevecchio]

The suspicions are all on your side. Given the facts you should be able to apply for and get the H4 visa. They may or may not ask you to withdraw the H1 visa application. The credibility of your spouses H1 status is the only  major factor involved. Sorry about the underline as the site is very shoddy and I feel too lazy to retype.

[Guna]

Please advice.

any reviews to this will be of great help.

[Guna]

Hi,

 

Can someone please advice.

 

[Guna]

Thank you very much pontevecchio..

 

To support my spouse's H1 -

1) W2,

2) paystubs,

3) letter from employer with letter pad

4) Letter from end client in letter pad

5) He has 2 layers in between. So contract letters between them.

 

Should these be good enough?

sorry if Im asking too much. But Im very anxious and loosing my sleep over this.

 

The suspicions are all on your side. Given the facts you should be able to apply for and get the H4 visa. They may or may not ask you to withdraw the H1 visa application. The credibility of your spouses H1 status is the only  major factor involved. Sorry about the underline as the site is very shoddy and I feel too lazy to retype.

[pontevecchio]

You have to apply and see. If he was a direct employee I would expect no problems. Even now I think you should be OK. Only one way to find out.

[Guna]

Like you say.. I just pray/hope I would be ok ..

Thank you very much for your reply.

I will update you once I get my H4- wow.. how hopeful!! :)

[Guna]

Update : 

 

H4 stamped successfully without any qn on past H1 refusal.

Thank you for all your help!

[H1Ottawaoct]

@Guna, please let me know what questions were asked, thank you!