H4/F1 After H1B Denial


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Hi,

I am on H1B in US for past 3 years. Recently got married and my husband’s H1B was in progress. His petition was picked up in lottery, but received RFE and got rejected under Specialty Occupation. What options is recommended for him to travel to US

1. Process H4 visa and study MS here. Will the in-state tuition fee be applicable here as he hasn’t been in US for past 1 year ?

2. Process H4 visa and find a sponsor here for H1B. Will there be any issues applying for H1B again after a denial. How to find a sponsor for H1B ?

3. Can he apply for H1B again in 2020 from India ? What would be the chances of approval if there is no change in the profile.

4. Process F1 visa and travel here for higher studies. Will there be any issues going with F1 after H1B denial ?

We are really confused on what steps to take next. Your suggestions will be of great help.

Edited by Raihana
Typo errors
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1. Come on H4. I guess out-state will be applied. Please contact the schools directly. They can help you out.

2. Yes. No issues getting H1B again. How to find a sponsor for H1B ? - I do not know what to answer this. You are working from past 3 years. You know the answer for this. Find a job.

3. Not sure

4. I feel there will be issues and feel that his real intension is immigration but not studies. They will know that as soon as he lands in USA will look for jobs. I feel H4 will be better.

Edited by gopalakrishnach
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Only some states offer in-state tuition for people on H4. Usually, the person has to have lived in the state for the immediate prior year.

As for finding a job, he would have to apply for one, just like everybody else. There are tons of Job boards on the Internet.

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On ‎6‎/‎24‎/‎2019 at 11:11 AM, Raihana said:

Hi,

I am on H1B in US for past 3 years. Recently got married and my husband’s H1B was in progress. His petition was picked up in lottery, but received RFE and got rejected under Specialty Occupation. What options is recommended for him to travel to US

1. Process H4 visa and study MS here. Will the in-state tuition fee be applicable here as he hasn’t been in US for past 1 year ?

2. Process H4 visa and find a sponsor here for H1B. Will there be any issues applying for H1B again after a denial. How to find a sponsor for H1B ?

3. Can he apply for H1B again in 2020 from India ? What would be the chances of approval if there is no change in the profile.

4. Process F1 visa and travel here for higher studies. Will there be any issues going with F1 after H1B denial ?

We are really confused on what steps to take next. Your suggestions will be of great help.

Thank you for your response, it helps !

Edited by Raihana
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