H-4 visa denied, L-1b denied. Please advice next steps

[honeymufti]

My situation:

My last date of employment is 29th oct. My new employer is filing for H1b transfer and expects to file it by early next week. My wife was in usa 10 days ago. She was working on H-4 EAD in Denver. I am located in San Jose California. My wife went for L-1b blanket and was denied. She was then suggested by her attorney that she should apply for H-4 asap which we did in Hyd consulate.

 

Her H-4 was denied with 214B form stating that she is not traveling to the same city as mine. 

VO: I see u have applied for l1b when was that

Answer: Yes, oct 17 , 2018 

VO: I see it was in Chennai so u r hopping consulates 

VO: Where does ur husband work 

Answer: xxx , Austin, Tx

 VO: Where will u be staying 

Answer: San Jose, California 

VO: I cannot approve ur Visa because u r not travelling to ur husband 

Answer: My I will be travelling to my husband and then eventually going to California to resume my employment on h4 ead On this note 

VO said: So u r changing ur story now and she went in and got 214-B document

 

Now, Her manager is suggesting to do L-1B individual visa in premium processing. Is that the logical step to do next?

Her attorney suggested that my  wife can apply for H-4 visa again with my transfer receipt, new LCA and old I797. What are the chances that her H-4 can be denied again based on the previous conversation?

Is there any way how we could have answered better to the CO? 

It looks like that her working in different city was given as the issue but I am not sure if that was the root cause

 

Please advice me the best next steps.

[JoeF]

Lots of things that are suspicious.

1. Consulate hopping: Why go to a different consulate? They all have the same information. 2. Not going where the husband lives. 3. Changing stories.

An H4 can not be issued based on a transfer receipt. It requires an approved H1. And your current H1 ends.

As far as the L1, unless the company fixes the reason for the denial trying to get a new L1 would likely fail as well.

[honeymufti]

On 10/25/2018 at 6:09 AM, JoeF said:

Lots of things that are suspicious.

1. Consulate hopping: Why go to a different consulate? They all have the same information. 2. Not going where the husband lives. 3. Changing stories.

An H4 can not be issued based on a transfer receipt. It requires an approved H1. And your current H1 ends.

As far as the L1, unless the company fixes the reason for the denial trying to get a new L1 would likely fail as well.

Thanks for the reply. She had to change the consulate since the earliest available date was hyderabad. L-1B blankets are only processed in Chennai. 

I have a question regarding her current status. My wife's I 539 is approved till July 2020. Her stamping was denied so does that mean she is out of status? or she is still in status as long as I am in status? My new company has filed for my visa transfer as of now

[JoeF]

A person outside the US doesn't have a status, by definition.

[Sri9099]

Hi

Have you applied H4 again and got approval? Please let me know how did you proceed