H4 refusal saying that the current petition of the principal applicant is denied while I have the active approval notice is denied!

[msprabu88]

Background: I originally came to the US for company A and I switched to Company B in 2017 for which I got the approval until 15th Dec 2019 and the approval notice is with me. At that point in time, my wife was in India had valid H4 stamping (with employer A) until 2019. So we did not transfer the H4. She travelled to the US in Jan 2018. I also had valid stamping from employer A until this month starting.

Now, in 2019 - I am here in the USA and my wife went to India last month. She was eligible for Dropbox and she dropped off the passport in Chennai. A week after, she received a 221g slip asking her to appear in person with a note "Principle applicants active status in the US". Today she attended the interview during which, the VO asked her common questions and asked her for my latest visa stamping copy. After she gave it to her, she took some time to review and told her that "Your husband's current petition is denied" and gave her one more 221 g slip which had the option "Your application has been refused under 221g...." They also did not collect her passport.

I am wondering why the VO said that my current petition is denied while I have an active approval notice with employer B until 2019 end.

I have few questions:

1. Is it possible that they denied the current petition after approval? I still see that the case status in USCIS website is showing as approved.

2. Employer A revoked my petition once I transferred to employer B. Is it possible that the VO overlooked this and was looking at the old petition (company A) instead of the new petition (Company B)? My wife tried giving it at the end of the interview, but the VO refused to take a look into it.

Please help me to see what steps do I have next to sort this out.

Thank you in advance!

Edited June 17, 2019 by msprabu88

[xTDx]

1. Consulate has no authority to deny a petition approved by USCIS. Best they can do is to send the petition back to USCIS for review. So no consulate cannot deny it.

2. Yes, seems like the consulate looked at empA petition from the previous visa. Did your wife provide latest h1b approval receipt number on her ds160.

Your best bet would be to contact consulate and or schedule another interview and provide latest h1b receipt. Some consulates have 221g related designated email addresses for you to contact consulate and send documents to.

This seems like a human error to me.

 

 

 

[pontevecchio]

Do you have an I94 with the petition approval from B?

[shekar11#]

On 6/17/2019 at 10:46 AM, msprabu88 said:

Background: I originally came to the US for company A and I switched to Company B in 2017 for which I got the approval until 15th Dec 2019 and the approval notice is with me. At that point in time, my wife was in India had valid H4 stamping (with employer A) until 2019. So we did not transfer the H4. She travelled to the US in Jan 2018. I also had valid stamping from employer A until this month starting.

Now, in 2019 - I am here in the USA and my wife went to India last month. She was eligible for Dropbox and she dropped off the passport in Chennai. A week after, she received a 221g slip asking her to appear in person with a note "Principle applicants active status in the US". Today she attended the interview during which, the VO asked her common questions and asked her for my latest visa stamping copy. After she gave it to her, she took some time to review and told her that "Your husband's current petition is denied" and gave her one more 221 g slip which had the option "Your application has been refused under 221g...." They also did not collect her passport.

I am wondering why the VO said that my current petition is denied while I have an active approval notice with employer B until 2019 end.

I have few questions:

1. Is it possible that they denied the current petition after approval? I still see that the case status in USCIS website is showing as approved.

2. Employer A revoked my petition once I transferred to employer B. Is it possible that the VO overlooked this and was looking at the old petition (company A) instead of the new petition (Company B)? My wife tried giving it at the end of the interview, but the VO refused to take a look into it.

Please help me to see what steps do I have next to sort this out.

Thank you in advance!

Today she attended the interview during which, the VO asked her common questions and asked her for my latest visa stamping copy. After she gave it to her, she took some time to review and told her that "Your husband's current petition is denied"

When VO asked above question your wife might have submitted your visa stamp copy that had employer A information on it. Instead she should have told that you transferred employer and should have given employer B H-1 petition. That is the reason for denial.

No issues. Just book a fresh appointment and prepare for the explaining the situation in detail when asked.

Edited June 18, 2019 by shekar11#