H1B Approved after RFE.

[Rajapl]

Background

Staying in US for 4years with F1 visa valid till Aug 2020.
currently working for big staffing company with STEM OPT EAD.
Got married this year and tried F1 visa twice for my wife. Both time got rejected under 214B.
During STEM OPT i joined a consultancy and five days after joining i went to india for my marriage. when i returned to USA i got another offer (current job) and i moved to that new company. so during this period this company didnt run payroll or pay anything since i am not in the country.
Got RFE for speciality occupation and maintenance of status. finally got H1B Approved.

now i am planning to take H4 visa for my wife.

Can someone please suggest which is the best option ?

1) Scheduling my wife's H4 visa interview with my I797 visa approval. (without my H1b stamping)? 
  will the previous F1 rejection will have any impact on her h4 ?
will she face any issue since i didn't finish my stamping?

2) scheduling H1 stamping and H4 interview together ?
 shall i schedule immediately at the end of october ?
will my unpaid period at stem opt will cause any issue ?

Thanks in advance.

 

[gopalakrishnach]

2) is better. They may ask about unpaid. Previous rejections might come into picture.

Edited September 26, 2019 by gopalakrishnach

[shekar11#]

On 9/25/2019 at 11:00 AM, Rajapl said:

Background

Staying in US for 4years with F1 visa valid till Aug 2020.
currently working for big staffing company with STEM OPT EAD.
Got married this year and tried F1 visa twice for my wife. Both time got rejected under 214B.
During STEM OPT i joined a consultancy and five days after joining i went to india for my marriage. when i returned to USA i got another offer (current job) and i moved to that new company. so during this period this company didnt run payroll or pay anything since i am not in the country.
Got RFE for speciality occupation and maintenance of status. finally got H1B Approved.

now i am planning to take H4 visa for my wife.

Can someone please suggest which is the best option ?

1) Scheduling my wife's H4 visa interview with my I797 visa approval. (without my H1b stamping)? 
  will the previous F1 rejection will have any impact on her h4 ?
will she face any issue since i didn't finish my stamping?

2) scheduling H1 stamping and H4 interview together ?
 shall i schedule immediately at the end of october ?
will my unpaid period at stem opt will cause any issue ?

Thanks in advance.

 

1. No issues. H-4 all depends on your H-1 credibility.

2. You can do that also. 

will my unpaid period at stem opt will cause any issue ? No becoz you were out of country at that time.

[User099]

What reason did they give you when they rejected under 214b? 

1. Her F1 rejections will not not have any impact on H4. Your H1 will be the deciding factor for her H4. You having a visa stamp will not have any impact on her H4 visa.

2. Why do you want to go thought the expense of going to India and getting a visa stamp if you have no plans of travel.

You did not have any unpaid period on STEM OPT if you got paid while you are in USA. You can take that off your mind. If you are not in the country you are on an unpaid vacation which is fine.