Applying H4 when H1 is Rejected

Recommended Posts

  • Replies 61
  • Created
  • Last Reply

Top Posters In This Topic

I am in the same boat. Please let me know if you went for h4 interview?

I am planning to go this week. My h1 was refused last month.

Originally posted by jigneshshukla:


I have applied H1B for my wife. Incase it doesn't get approved, how soon can I apply for her H4 ?

Will there be any negative impact of H1B rejection on H4 ?

Someone please help.


Link to comment

Please post on your experiences.

My wife is on same boat.Her H1B visa was rejected on 14-Jan-2011.

Now we are thinking of applying H4.

Share your experiences about:

1. Should we apply in Same consulate?

2. How soon we should apply?

3. What kind of questions we can expect given the H1B was rejected.

Take care

Link to comment


My wife is planning to apply for H4 after getting H1 rejection. We are planning to apply at Chennai consulate as her passport has Bangalore Address. She applied at Delhi for H1B since Our family live in Delhi.

In worst case, if she gets 221g in Chennai, can she submit the documents at VFS Delhi?


Link to comment

Heay guys,

My wife's H1 stamping was rejected (2 weeks result -221(g) green form) in dec when we came for vacation.

I came back to US, while she was there at hyd home.

She went for H4 stamping in chennai last week and no questions asked abt her h1 rejection. Normal h4 questions were asked and she got her H4 stamped.

Best of luck for you guys.....

Link to comment


For H4, she took my

H1 petition copy

my passport copy (includes my visa and I94)

my pay stubs, W2 & bank statement

marriage certificate

marriage potos

Expecting some questions around her rejected h1, she took her h1 related docs as well.

But she wasnt asked abt it.

In DS 160 form,Have you ever been refused a visa?

Answer:YES, becoz 221(g) decision letter would have clearly stated that your visa is refused.

We wrote, "YES, I was working in US for last 12months. Came to India on vacation. I was refused visa on 221(g)."

All the best.

Link to comment

Help me!

I got h1B-221G in Delhi and in Jan 2011 received visa refusal letter mentioning my case is sent back to USCIS and case is closed in Delhi Consulate & visa is refused under section 221g.

now I am having h4 interview at chennai consulate by next week . I am worried will it impact on my h4 interview . 'coz case is sent back to USCIS .

My Husband is in US and I am in India since last 3 month .

Plz help me and share your experiences .. ppl having same case like me .. what kind of questions I can expect.

waiting for replies.


Link to comment

H1 Rejected 221g at delhi

H1 Interview date: 29 Oct 2010

Got deniel letter after several 221g forms: 15 Jan 2011

Applied for H4 at Chennai on 31st Jan

- at first VO straightaway refused Visa as soon as he came to know that H1 is rejected and pending with USCIS . His Reason- H4 can't be issued since H1 is pending. My wife convinced him that she has resigned from her company and asked her company to revoke H1 Visa and has no intention of working in future. One good thing was she took her resignation letter with her.Interview went for 40 minutes and after lots of discussions, VO asked her to write a declaration that she want to abandon her H1. She did and VO then took the Passport and said decision will be made within a week. We got Passport back with Visa on 3rd Feb.

-VO asked lot of documents about me ( Prinicpal H1 holder)- last 6 paystubs, current H1 approval notice, previous company's H1 Approval notice ( My previous H1 was with a company with over 100000 people), Wedding album, marriage certificate, Bank statements, Tax returns etc.

I guess you need lots of documents, convincing power and confidence. I think if your spouse's docs are all in good order, you should feel better.

Good luck!!

Take care

Link to comment

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


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.

Link to comment

@ Cheril - Congrats

@ Chat_TSN - Congrats . I was stupid enough not to argue after they gave me the same reason and refused to issue h4. Can u please send me a format of the resignation letter ur wife submitted? Did she produce a copy of the email sent by her to the employer or a hard copy of the resignation letter?

Link to comment

thanks CheriL.

Is there a reason you chose Chennai consulate and did you also take a copy of the resignation letter you sent to your employer?

Did you do any form of communication to the US consulate prior to going for interview mentioning that you abandon ur Visa application and have asked you employer to withdraw ur application - Basically no intention to work in Unites states?

Link to comment

Hi All,

I had my H1 denied in May 2010 by Delhi Consulate. My husband was on OPT back then, so he applied and got H1 Visa in Oct 2010. With his latest paystubs, I appeared for interview at the Chennai Consulate in Dec 2010, the VO gave me Blue 221(g) even after an interview of about 30 mins. When we submitted the docs, they came back with a second request of docs 221(g) which we were able to provide. My husband's employemnt model is: Employer --> Client and the cilent mentioned that the project is ongoing. These two factors were a "BIG" help to my application and they now stamped my H4. It's true that my prev H1 denial caused more scruitny as was my case. So guys, don't get disheartened , try your alternate ways and see how that works. GOOD LUCK !!

Link to comment
  • 2 weeks later...




My husband has been in similar situation, new delhi VI date 10th Jan (EVC model), doc submitted 31st jan, still waiting...considering the cases of 221 g in new delhi we have pretty much no hope of getting an acceptance unless a miracle happens but since I'm on H-1 working with non profit so we were thinking of applying H-4 for my husband...infact we were thinking of withdrawing the petition and then go for H-4 stamping, If I understand it correctly in our case it is still under review so he can't appear for another interview...can you please explain me the procedure in resignation letter, petition withdrawl email and if it is a withdrawl case then in DS160 -what do you explain "if you have ever been refused to give H-1 "? Please help me with your inputs

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.