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honeymufti

H-4 Visa Denied 2nd time ( employed on H-4 EAD)

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Hello,

Me an my wife are going through tough times. She has been stuck in India for almost 6 months now. Here is some background:

Wife was eligible for L-1B so went for stamping and was denied L-1 in 2018 Oct. After few days she went for H-4 visa interview and she was rejected  saying she was not travelling to the spouse's location hence they cannot approve the visa ( my wife was working in different city ) and was given a 214-B form

Today, she went to H-4 visa stamping after 6 months as I had changed the employer and My I-797 Just came in

Here is the conversation that my wife had:

VO: Can I have your passport and spouses 1797

Me: I handed over the passport and i797

VO : Looking at the 1797 , he asked what employer does your spouse work for ?

Me: He works for XXX in San Francisco, California.

VO:  When did you get married ?

Me: We got married on xxx  DEC 2016.

VO: Do you have kids ?

Me: No Sir.

VO: Please read the pamphlet “Know your rights” while I complete this process and handed over the pamphlet to me

ME: Sure, I took the pamphlet and started reading.

VO:  After typing in for a few minutes he asked me will you be joining your spouse in California ?

Me: Yes Sir I will be joining my spouse in California

VO: I see you have been reject an L1 earlier

Me: Yes Sir

VO: Are you employed right now ?

Me: Yes sir I am employed by XXX Inc in bay area pursuant to H4 EAD but I am on leave right now.

VO: He told me that he will be back in a minute

Me: Sure Sir

VO: He came back after a minute and said I am cannot approve you visa , read this pamphlet for more information and gave me a 214 ( b ).

Thank you.

I am not sure how to handle this situation now. I wanted to know if we can appeal to the consulate in this case. Also, will it help if I go to get my stamping with my wife? I am not able to give a reason how L-1B rejection is triggering H-4 visa rejection. My wife  was certain for getting the visa approved till they asked about L-1. Also does this mean she will have to resign from her and job and then come?

Please advice about this.

Thank you in advance

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On 4/15/2019 at 3:23 AM, honeymufti said:

Hello,

Me an my wife are going through tough times. She has been stuck in India for almost 6 months now. Here is some background:

Wife was eligible for L-1B so went for stamping and was denied L-1 in 2018 Oct. After few days she went for H-4 visa interview and she was rejected  saying she was not travelling to the spouse's location hence they cannot approve the visa ( my wife was working in different city ) and was given a 214-B form

Today, she went to H-4 visa stamping after 6 months as I had changed the employer and My I-797 Just came in

Here is the conversation that my wife had:

VO: Can I have your passport and spouses 1797

Me: I handed over the passport and i797

VO : Looking at the 1797 , he asked what employer does your spouse work for ?

Me: He works for XXX in San Francisco, California.

VO:  When did you get married ?

Me: We got married on xxx  DEC 2016.

VO: Do you have kids ?

Me: No Sir.

VO: Please read the pamphlet “Know your rights” while I complete this process and handed over the pamphlet to me

ME: Sure, I took the pamphlet and started reading.

VO:  After typing in for a few minutes he asked me will you be joining your spouse in California ?

Me: Yes Sir I will be joining my spouse in California

VO: I see you have been reject an L1 earlier

Me: Yes Sir

VO: Are you employed right now ?

Me: Yes sir I am employed by XXX Inc in bay area pursuant to H4 EAD but I am on leave right now.

VO: He told me that he will be back in a minute

Me: Sure Sir

VO: He came back after a minute and said I am cannot approve you visa , read this pamphlet for more information and gave me a 214 ( b ).

Thank you.

I am not sure how to handle this situation now. I wanted to know if we can appeal to the consulate in this case. Also, will it help if I go to get my stamping with my wife? I am not able to give a reason how L-1B rejection is triggering H-4 visa rejection. My wife  was certain for getting the visa approved till they asked about L-1. Also does this mean she will have to resign from her and job and then come?

Please advice about this.

Thank you in advance

It is better to get an advice from an immigration attroney. Looks like you are missing something. May be her employer is not good or there might be some other reason where attorney can help you.

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Unfortunately there is no appeal path available for a visa denial. I doubt if L1  denial had any role to play in H4 denial. First H4 was denied because as the officer stated ; your wife had no intentions to join you on H4. EVen though she has or had H4 EAD, H4's primary intention is to join spouse and not to work in a different city. Now that is bad and in my opinion the subsequent H4 has been denied as well based on first H4 denial and not L1 denial. 

Again even though she has a H4-ead and can work, she has failed to demonstrate the primary eligibility for H4 in the first H4 attempt.  Second time the VO didn't believe her H4 intentions as well.  All she can do is to try again and yes it may help if you go along with her with your stamping application ( may be after 6 months) and that too may be a futile attempt.  

For an appropriate strategy, it would be worth hiring a law firm and get yours and her case reviewed in depth . Nobody here can tell you a magical answer unfortunately. 

 

Edited by xTDx

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On 4/16/2019 at 2:28 PM, xTDx said:

Unfortunately there is no appeal path available for a visa denial. I doubt if L1  denial had any role to play in H4 denial. First H4 was denied because as the officer stated ; your wife had no intentions to join you on H4. EVen though she has or had H4 EAD, H4's primary intention is to join spouse and not to work in a different city. Now that is bad and in my opinion the subsequent H4 has been denied as well based on first H4 denial and not L1 denial. 

Again even though she has a H4-ead and can work, she has failed to demonstrate the primary eligibility for H4 in the first H4 attempt.  Second time the VO didn't believe her H4 intentions as well.  All she can do is to try again and yes it may help if you go along with her with your stamping application ( may be after 6 months) and that too may be a futile attempt.  

For an appropriate strategy, it would be worth hiring a law firm and get yours and her case reviewed in depth . Nobody here can tell you a magical answer unfortunately. 

 

Thanks a lot for the suggestion. I am considering hiring an attorney for my case but all my documents are in place. Her goal was to move in with me this time.. and looking at the interview it sounded it L-1 caused the denial but again thats all speculation. So you are saying that leaving the job completely won't guarantee her H-4 at all?

 

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On 4/17/2019 at 11:49 PM, honeymufti said:

guarantee

There are no guarantees I or anyone else can give you or anybody else on anything. There is no guarantee  that her next attempt is a 100 percent denial as well. It goes both ways. You do what you have to do and let things happen that are not in your control. One thing helps is to have a plan B. 

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On 4/15/2019 at 3:23 AM, honeymufti said:

Hello,

Me an my wife are going through tough times. She has been stuck in India for almost 6 months now. Here is some background:

Wife was eligible for L-1B so went for stamping and was denied L-1 in 2018 Oct. After few days she went for H-4 visa interview and she was rejected  saying she was not travelling to the spouse's location hence they cannot approve the visa ( my wife was working in different city ) and was given a 214-B form

Today, she went to H-4 visa stamping after 6 months as I had changed the employer and My I-797 Just came in

Here is the conversation that my wife had:

VO: Can I have your passport and spouses 1797

Me: I handed over the passport and i797

VO : Looking at the 1797 , he asked what employer does your spouse work for ?

Me: He works for XXX in San Francisco, California.

VO:  When did you get married ?

Me: We got married on xxx  DEC 2016.

VO: Do you have kids ?

Me: No Sir.

VO: Please read the pamphlet “Know your rights” while I complete this process and handed over the pamphlet to me

ME: Sure, I took the pamphlet and started reading.

VO:  After typing in for a few minutes he asked me will you be joining your spouse in California ?

Me: Yes Sir I will be joining my spouse in California

VO: I see you have been reject an L1 earlier

Me: Yes Sir

VO: Are you employed right now ?

Me: Yes sir I am employed by XXX Inc in bay area pursuant to H4 EAD but I am on leave right now.

VO: He told me that he will be back in a minute

Me: Sure Sir

VO: He came back after a minute and said I am cannot approve you visa , read this pamphlet for more information and gave me a 214 ( b ).

Thank you.

I am not sure how to handle this situation now. I wanted to know if we can appeal to the consulate in this case. Also, will it help if I go to get my stamping with my wife? I am not able to give a reason how L-1B rejection is triggering H-4 visa rejection. My wife  was certain for getting the visa approved till they asked about L-1. Also does this mean she will have to resign from her and job and then come?

Please advice about this.

Thank you in advance

I think, the may denial reason is this question "

VO: Are you employed right now ?

Me: Yes sir I am employed by XXX Inc in bay area pursuant to H4 EAD but I am on leave right now."

Because, there is so much heat going on for H4-EAD, and in future it may be revoked.  If your wife had answer this question, as no intention for work but just to join my spouse,,  it would have been different. 

You can think about plan B: you both go for visa stamping together and refrain from using H4-EAD, or plan C: have a kid and get H4 visa as a dependent.  Just my two cents.

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Sounds like the CO does not believe that this marriage is bona fide...that it was arranged solely to get your wife to the US to work in some capacity...the L1b was likely denied because she lacks the specialized knowledge requirement...(or did not have the requisite time with the foreign entity)...

too many oddities...too many unanswered questions....

anyway, no one on this site can provide a legal answer...

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As said no amount of guessing can help the OP. The decision was a foregone conclusion based on the previous interaction. It also suggests some facts are being withheld in the post. 

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I agree with Noah Lott and Pontevecchio.

The wife not living with the husband for 2 years looks like a fake marriage, and the first H4 with not going to the husband's home indicates that as well.

 

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On 4/15/2019 at 2:23 AM, honeymufti said:

Hello,

Me an my wife are going through tough times. She has been stuck in India for almost 6 months now. Here is some background:

Wife was eligible for L-1B so went for stamping and was denied L-1 in 2018 Oct. After few days she went for H-4 visa interview and she was rejected  saying she was not travelling to the spouse's location hence they cannot approve the visa ( my wife was working in different city ) and was given a 214-B form

Today, she went to H-4 visa stamping after 6 months as I had changed the employer and My I-797 Just came in

Here is the conversation that my wife had:

VO: Can I have your passport and spouses 1797

Me: I handed over the passport and i797

VO : Looking at the 1797 , he asked what employer does your spouse work for ?

Me: He works for XXX in San Francisco, California.

VO:  When did you get married ?

Me: We got married on xxx  DEC 2016.

VO: Do you have kids ?

Me: No Sir.

VO: Please read the pamphlet “Know your rights” while I complete this process and handed over the pamphlet to me

ME: Sure, I took the pamphlet and started reading.

VO:  After typing in for a few minutes he asked me will you be joining your spouse in California ?

Me: Yes Sir I will be joining my spouse in California

VO: I see you have been reject an L1 earlier

Me: Yes Sir

VO: Are you employed right now ?

Me: Yes sir I am employed by XXX Inc in bay area pursuant to H4 EAD but I am on leave right now.

VO: He told me that he will be back in a minute

Me: Sure Sir

VO: He came back after a minute and said I am cannot approve you visa , read this pamphlet for more information and gave me a 214 ( b ).

Thank you.

I am not sure how to handle this situation now. I wanted to know if we can appeal to the consulate in this case. Also, will it help if I go to get my stamping with my wife? I am not able to give a reason how L-1B rejection is triggering H-4 visa rejection. My wife  was certain for getting the visa approved till they asked about L-1. Also does this mean she will have to resign from her and job and then come?

Please advice about this.

Thank you in advance

How did she go for L1B stamping when she had H4 EAD?. Was she in US with H4 EAD and the went to India for work and then applied for L1B stamping..?! Sorry not getting clear info based on above info..

 

 

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