Wifes H4 Application - Revocation of Employee Petition


saurabc

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I work in the US on H1B in a Employer->Vendor->Client model. I came here before my wife. I got my extension approved in September till 2013. Based on that my wife went to the New Delhi Consulate in Delhi for her H4, she was handed a green slip with all the possible document requirement ticked on the 221(g) slip.

I submitted the documents in October and in January 2011, I received a letter as given in the following paragraph.

Based on the document <wife's name> submitted to us and the information elicited in her interview with an American Consular Officer, we were not able to issue her an H4 visa as the Post believes that the petitioner is unable or unwilling to provide qualifying employment to the principal applicant <My name>, and will not be able to maintain the required employer-employee relationship with the principal applicant. There the application will soon be returned to the Kentucky Consular Center(KCC). Once KCC receives the petition, it will return it to the approving office of the USCIS for review and possible revocation. Please direct all future inquiries regarding this case to the approving USCIS office.

I have a few questions.

1. Can my petition be revoked since I am already working here?

2. If at all they think my employer is not a reliable employer, can I transfer my H1B to a better reputed company?

3. What are the immediate things I should do other than contacting a lawyer?

If someone could help me out. I am really stuck in my case and need urgent advice.

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Yes it is revocation of your H1-b petition. This takes time.

Once it comes to KCC-they will mail the 'letter' to your employer for revocation- and at that time the Employer has 30 days to file an appeal--and then it takes couple of mths for decision.

Meanwhile--yes please hurry up and try to have your h1-b thru vendor or search new job where there is no middle person..

this is happening to lot many people these days.

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  • 2 weeks later...

Hi Saurabc,

I am also in the same boat. My wife applied for H4 and got 221(g) and we submitted all the chain document as I am working employee->A->B->End Client format.

But today we got refusal letter with following paragraph

"Based on the documents you have submitted to us, and the information elicited in your interview with an American consular Officer, we are not able to issue you an H-4 temporary visa, because:

The petitioner does not appear to be either able or willing to provide qualifying employment for the principal application in the United States in accordance with appropriate laws and regulations

"

Please suggest what should I do in this situation.

Regards,

RedMed

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@all..

can u please tell me after how many days did u get the reply from the consulate as i m also under same case.

please help me .

please reply.

Thanks.

Originally posted by redmed:

Hi Saurabc,

I am also in the same boat. My wife applied for H4 and got 221(g) and we submitted all the chain document as I am working employee->A->B->End Client format.

But today we got refusal letter with following paragraph

"Based on the documents you have submitted to us, and the information elicited in your interview with an American consular Officer, we are not able to issue you an H-4 temporary visa, because:

The petitioner does not appear to be either able or willing to provide qualifying employment for the principal application in the United States in accordance with appropriate laws and regulations

"

Please suggest what should I do in this situation.

Regards,

RedMed

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