Applying H4 when H1 is Rejected


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@girish123

I read your post in some other thread that you were 221 g twice and then you had succefull H-4, can you plesea share the questions VO ask you during H4 interview and what all documents did you carry? BTW for H4 interview we need original I-797 of primary applicant or copy should work. Please share your experience! Thanks!

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Hello,

I am in the similar situation as you. I am going for H4 stamping after my H1 rejection. I was working on my H1.

I have question regarding DS160 form. The question is to provide the 5 years of employment history for H4 applicant. Should I mention my H1 employment and also my supervisors name as requested.

What did you guyz answer these questions?

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@mkvisa_2010--THanks for your reply!

Do you mind giving me some more details regarding the withdrawl procedure

Firstly:

You said your attorney/employer sent a withdrawl application: was it sent to USCIS direcly?

or an email to admins@state.gov/or vfs helpline id

what reason did you mention on withdrawl?

Can I get some information on the template of withdrawl letter your employer sent?

Also by relieving letter you mean the termination of services email from your employer or a resignation letter?

it would be gr8 if you can give me some more details on this withdrawl processs or if there is any email id of yours that I can get intouch with you!

@tanu0926

we haven't got rejection of H1 as yet but we are still in the process of withdrawing application b4 we can go for H-4.

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Hello,

My H1B got approved in Oct 2009 with three years validity(until Oct 2010). I came to India in Oct 2010. Before coming to India my employer had filed an H1B Amendment.

After reaching India I went to Delhi consulate for stamping. I was given a 221 G Green form there.

In December I got my amendment approved with validity until Dec 2011.

In Jan 2011 I got a letter from USCIS stating that my H1B is revoked because my LCA is less. This was because of the 221 G I had got while I had gone for my stamping.

I am planning to return to US on H4. My question is if my Amended H1 is still valid?

and Once I come back to US can I apply for H1B again? or I have to apply in April Cap?

Thanks for your help in advance!

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My H1B visa got denied couple of days back thru 221g. I am looking into H4 option as my wife is on H1B working as a postdoc.While filling out DS 160 for H4 I came across couple of question for which I am not sure what to answer;

1. Primary occupation (Should I write as "Unemployed" since I am going on dependent visa)?

2. Below this question there is a space to explain. So please tell me what do they expect me write? Should I write why I am applying for H4?

Thanks!

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write 'Does not Apply'.

the question is out of question when you are applying for h4.

this DS160 is trickier, it provides some question which you need to answer, but if you answer 'unemployed' -it would hint them seeing your PAST that you may apply for work permit later!

So mention 'Does not Apply'

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Originally posted by LonelyMe:

write 'Does not Apply'.

the question is out of question when you are applying for h4.

this DS160 is trickier, it provides some question which you need to answer, but if you answer 'unemployed' -it would hint them seeing your PAST that you may apply for work permit later!

So mention 'Does not Apply'

Thanks for the reply but the drop down menu does not have option called "Does Not Apply". The closest I could see see is "Not Employed" or "Homemaker". Please suggest which one to choose and what to write under "explain' window?

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tanu026:

it would be better to have paystub(s), even if its one recent paystub it should help.

If the date of change of employment is really recent, it is easily justifiable, that a person might not have a paystub.

so if in ur case the CHANGE of employment date is in March 2011 then you can go without paystub now, but if the date is in March 2011 and you go after first week of April, you need to carry one paystub then.

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thanks for your response. I do not have the paystubs from the new employer but I do have employment verification letter, letter to USCIS which was sent for H1 petition, PO etc.

In my case, I will be going for H4 stamping in less than a week of my spouse joining the new employer.

I do have all the paystubs and W2 from the previous employer.

Hope this is good enough?

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  • 2 weeks later...

Hi CheriL:

Which consulate did you go to for your H4 visa interview? Was it New Delhi or some other consulate.

Would really appreciate your help!

Thanks

Sim79

Hey Guys,

I received my H4visa today after H1 getting refused.

I was asked 2 questions.Here is how it goes

VO:Were u on H1 before

Me:Yes

VO: Not anymore?

Me:No.It got refused.

VO:Do u have ur husband's recent paystubs

Me:gave past 2 paystubs

He checked something online for couple of mins and said you will receiver ur visa in a week.

Let me know if you have any questions.Will be happy to help.

Thanks a lot.

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  • 2 weeks later...

Hello all,

Here is my situation.

I went to US on H4 visa in 2007 .I got my h1b approval in 2009,since then i am working.

Recently(Oct 2010) i joined a new Client.

Now i am on EVVC model(Employer->Vendor1->Vendor2->End Client).

I came to india on a vacation for 2 weeks,

On April 1st i went for H1B visa stamping in Chennai Consulate ,VO asked me for Contract agreement between Endclient and Vendor1 which i don't have it,and she pick the 221g blue form and tick all the documents.

I asked my Vendor1 to provide me the contractletter (Endclient and Vendor1) but they clearly told me that they don't have that kind of letter, or i don't know if they have it and don't want to provide me with that letter, after so many emails they gave me a employment verification and i know it is not sufficient .

And we contacted our lawyer and he told me that even if i submit the documents it will take 4 to 6 weeks and there is no guarantee that the visa can be issued as mine is a EVVC model.

And also with all these complications i don't want to work anymore.I want to support my husband and decided to go on H4 Dependant visa.

My husband's h1b visa is valid until dec 2011.

So i did not submitted my h1b documents to VFS. as i decided to go on H4 and support my husband.

VFS people told me that i need to withdraw my pending h1b application before going for h4 visa stamping.as they said i sent an email to VFS stating that i want to with draw my h1b case,i got the response on the same day saying that i need to ask the VO for withdrawing my h1b application at the time H4 visa interview.

Client terminated my contract. No job now.

Also my employer has notified the uscis that we are withdrawing my h1b application.

Also i alredy sent an email to my employer about my resignation.

my questions are:

1. What are the chances of getting the h4 visa?

2. Is there anything else we need to do to withdraw my h1b case?

3. Will they ask any questions about the pending h1b application?

4. if so can i show them my resignation letter to my company and, client email terminating my contract?

5. What will they ask me for h4 visa interview(i have my husband's 797,passport copy,employment veirfication letter ,i129,lca, recent paystubs, w2's, marriage certificate .) what else they will ask me for h4.

6. and what are the chances of getting the visa as my husband has h1b approval until dec 2011 only,.

Please help me.

Thanks in advance

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Hi,

I am currently in the US on H-4 visa, I have overstayed I-94 past the expiry date by 1.5 months. I did not realize that my I-94 expiry date was issued based on expiry date of my old passport. I am going to India to get a new H-4 stamp. I need to fill DS160 form before I could make an appointment with an Indian consulate. DS160 requires information about previously cancelled visas and overstay. Is my current H-4 visa cancelled?(I know it is technically voided, I want to know if that's the same). If my visa is cancelled I know that I need to make an appointment in "new visa category" if voided means expired I need to make appointment in "Visa renewal category"

Which category do I choose?

It is very important since if I choose the wrong category, the consulate may deny my visa and will not let me make an appointment for 90 days.

please let me know.

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All,

my only question is:

1. What should i do before going for h4 visa interview,while the h1b visa case is pending under 221g blue(request for addtional documents)?

I already sent an email to chennainiv@state.gov to withdraw my h1b application,and they told me that i need to withdraw my h1b case at the time of h4 visa interview.

2. Is my employer need to send an email to withdraw my h1b application or my email to chennainiv will be sufficient ?

Please reply.

Thanks,

svara

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Originally posted by jyona06:

@mkvisa_2010--THanks for your reply!

Do you mind giving me some more details regarding the withdrawl procedure

Firstly:

You said your attorney/employer sent a withdrawl application: was it sent to USCIS direcly?

or an email to admins@state.gov/or vfs helpline id

what reason did you mention on withdrawl?

Can I get some information on the template of withdrawl letter your employer sent?

Also by relieving letter you mean the termination of services email from your employer or a resignation letter?

it would be gr8 if you can give me some more details on this withdrawl processs or if there is any email id of yours that I can get intouch with you!

@tanu0926

we haven't got rejection of H1 as yet but we are still in the process of withdrawing application b4 we can go for H-4.

Hello Tanu,mkvisa,.

Could you please tell me what is the withdrawal procedure.

I am on the same situation.

Please help me,i am going for h4 visa interview on april29th,while h1b visa application is pending.i don't want to work any longer.

I just wanted to know the withdrawal procedure..

Please can anyone help me on that.

Thanks

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Your employer needs to send the H1-b withdrawal/cancellation notice to the USCIS.

They usually take some time to respond but the notice sent by your employer is enough.

Carry a copy of the following when going for the interview..

1. Copy of the letter your employer sent to USCIS for cancellation.

2. Approval of your resignation by your employer.

3. Approval of your resignation by your client if you were working with a client.

This will help establish your case for H4 when you go for the interview.

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