Applying H4 when H1 is Rejected

[svara]

Hello Sg,

Thanks for the response.

I don't have any communication from my Client about the contract termination.

Following are the documents that i have,

1. Letter from my Employer to USCIS for cancellation of my h1b petition.

2. Fedex confirmation that USCIS has received the cancellation letter.

3. Employment Termination letter from my employer to me

4. Experience letter from my employer(they have provided me with an exp. letter for my employment)

Are these enough?

[sss025]

svara - When is your H4 visa interview. Let me know how your H4 visa interview was? What questions were asked? because am also in the same boat.... Anyways All the Best for your Visa interview...

Are you going to Chennai for H4?

[hitesh1407]

I am applying for H4 after 221g on H1. My ex-employer said that they have applied for cancellation of visa, but still my online case status says that "Request for Evidence".

I am wondering what to answer in my DS-160 about this question -

"Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the point of entry? If yes please Explain."

Please help.

[Suprano]

Your answer is yes. Mention 221g and the date and type of visa.

Originally posted by hitesh1407:

I am applying for H4 after 221g on H1. My ex-employer said that they have applied for cancellation of visa, but still my online case status says that "Request for Evidence".

I am wondering what to answer in my DS-160 about this question -

"Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the point of entry? If yes please Explain."

Please help.

[vkshar]

Hello All,

My H4 got approved after H1-B rejection.

H1 story:

Type: H1-B renewal stamping.

Visa Interview: March 02 2011

Place: New Delhi.

Paperwork Submitted: March 7 2011

Wareabouts: EVC Model, employer has over 800 employees, client is Fortune 50 Company, basically no glitch of any sort in my case.

Interview: asked normal H1-B questions, and put my case under Admin Processing 221G Green Form.

Rejection came in first week of May 2011.

H4 Story:

I applied for H4 Visa interview in Hyderabad Consulate right after the rejection and took interview date in first week of June.

My wife is full-time employee with a Fortune 30 company.

I did take Experience Letter and Resignation Letter with me as suggested by people on this forum, but VO did not ask about any of these documents thus I did not mention about it either.

VO officer asked marriage related questions like 1. How long you know your wife before marriage?

2. Show me marriage certificate

3. Show W2s of my wife

4. Show wedding album

5. What is your wedding date

He asked rejection related questions as well:

5. Will you continue working when you reach back to US? What will you do after going back..?

6. Why have you applied to Hyderabad consulate this time?

Then he told me that he is issuing me the Visa and I shall receive the passport in 7 days.

Recommendations:

I guess its really luck at this time, just answer what is being asked and be confident, maintain an eye to eye contact. Moreover, I would highly recommend people should plan to attend Visa Interviews in Hyderabad consulate instead of any other consulate for EVC or EC model. I knew Delhi is problematic but thought I am from Delhi so I should be going to Delhi no matter what, but Hyderabad also worked just fine. So please make a sensible decision and all the very best !!!!

[H1B_Query228]

Originally posted by vkshar:

H4 Story:

I applied for H4 Visa interview in Hyderabad Consulate right after the rejection and took interview date in first week of June.

My wife is full-time employee with a Fortune 30 company.

I did take Experience Letter and Resignation Letter with me as suggested by people on this forum, but VO did not ask about any of these documents thus I did not mention about it either.

@vkshar - I am in the same situation as you were and planning to go for H4 stamping. you said, you did take experience letter and resignation letter. My question is, did you employer withdraw your H1B petition before you went for H4 stamping?

Thanks

[dj84]

Hi ,

My H!b petition got rejected and now I am planning to apply for H4 visa.I could see that people have mentioned about resignation letter.

Should the resignation letter be what we have submitted to the client or to our employer?Is there anything in particular that needs to be mentioned in it?Should this be a word doc or just an email resignation letter.Please let me know the format.

Please do provide more information.

[H1B_Query228]

This question has been asked several times on this forum but it is yet to be answered.

Can any one please give a format of resignation letter they had carried during H4 stamping after their H1 was denied/pending? This will really help people like me and others who are also in the same boat.

Thanks,

[royuk]

Originally posted by mayenk19:

My wife got rejected with 221g (documents asked) for her h1b visa.

And as I m on h1b, we applied for her h4. And again they gave her 221g (no documents required) administrative processing.

Any idea how long this admin process takes for h4?

Any updates on 221g? Please respond.

[PD221g]

Hi,

I came to India in Dec 2015 for my H1 stamping. VO asked few questions n took all my documents. He handed me a white slip n said he needs to review my case. After few months when I tried enquiring about my case, I got to know, my visa has been denied n petition is sent to USCIS for review on January 4, 2016. USCIS has still not received my petition and there is no change in my status(Petition still shows as Approved). Also I never received any denial mail from Consulate.

Now I want to go back to US as my Spouse's dependent (He is in US on a valid H1 visa)

So my question is, what are my chances of getting H4 visa as my H1 is still under review. Can I expect H4 visa denial based on my previous denial.

Please help me as its been 6 months n I am stuck in India without my family. I have below questions.

1. After reading the posts in this trail, Do I really need to resign from my current company (US based company and I am on leave right now) before going for H4 interview?

2. If my Employer is withdrawing my case or petition after I resign, will my petition still be valid/Cap exempt to reuse in future.

3. Since I have not received any letter from consulate stating about my visa denial, what should I answer in DS160 about the question of previous Visa denial?

4. What are the things I should take care while attending H4 interview.

[pontevecchio]

1. Apply for a H4 visa.

2. Unless actually REAFFIRMED by USCIS, that petition is gone along with cap exemption.

3. Your H1 visa was denied.

4. Just apply. If you are worried, talk to the firm of Murthy in Chennai.

[bkvittal]

Hello ALL,

Has anyone recently went for VISA Stamping at Hyderabad. 

I, about 8 years ago i was in the same boat, my h1b visa got rejected twice in 2011. (with different petitioners, Indian IT Consulting firms) and finally resorted to H4 depending on my wife's H1B. Soon after getting back into States I found another job and got my H1 filed by  Same Petitioner / Employer. Having  jinxed twice with my visa, haven't gotten back to India in last eight years. Now I am planning to go for H1B visa again with a different employer which is very popular worldwide and clean. I have been with this company as FTE for 3 years. Should I be concerned going to H1B visa (after 8 years ). Please give me your thoughts and experiences.

 

Thank you,