H4 visa denied under 214 (b)

[stuckon221g]

Hi experts,

I am in a weird situation. Mumbai consulate has rejected my wife's H4 visa stamping after 5 months of administrative processing.

Surprisingly visa has been rejected under section 214 (b) which is bizarre to me. As per my understanding this section does not apply to H & L class at all.

Any one in this kind of situation ? What should be the next step in this situation ? Can any one recommend good attorney in NY/ NJ area.

Thank you very much in advance !!

[stuckon221g]

any one had a similar situation ? Any suggestions ?

[stuckon221g]

does any one had got this kind of situation before. What is the meaning of getting H4 visa rejected under 214(b). Please help !!

[sazia]

What reason they gave for visa refusal.

have your wife ever been in USA?

[stuckon221g]

@Sazia

They sent a 214(b) denial letter highlighting "demonstrate that your intended activities in the US would be consistent with the visa status"

[stuckon221g]

@Sazia. Yes my wife has been in USA for 3 years with me even we had daughter who is born here.

[MurthyIndia_Lawyer]

It is true that Sec. 214(b) of the immigration and Nationality Act does not apply to H4 visas. There have been instances when one writes to the Consulate indicating this, the Consulate sends another letter stating that the visa was refused under Section INA 221(g). So, it may be better to analyze the underlying H1-B petition and make sure that there is no change in circumstances from the time the H1-B petition was approved and now in terms of employment, job duties, etc. As a starting point, if you think the H1-B is clear you should contact the U.S. Consulate by email and decide on the further course of action based on the response received. You may also contact Murthy Immigration Services in India for assistance with this matter.