221g_blue_18Jan Posted April 12, 2011 Report Share Posted April 12, 2011 I have few questions for my husband's H1b situations He had a H1b approval till September 2011 but got refused under 221g and it's been sent to USCIS. And he got his H4 visa. So now if he needs to go back to H1 Does he need to file a new H1b or file a COS from H4 to H1 What happens when h1b is refused and sent to USCIS ? could we reappeal or apply for a new h1 Should we go for a new employer or stick with the previous one? he has his labor approved for the GC. could we use that? Please reply with answers as we could find thse answers anywhere in the forum. Please help us out. Link to comment
sss025 Posted April 14, 2011 Report Share Posted April 14, 2011 Hello 221g_blue_18Jan, I have a question. Your husband's H1 was refused and he has got his H4 stamping. What were the questions asked during his H4 visa interview. Are you working for a direct client or do you have any layers in between? Did they ask for any client letter during the interview? Was there any issues during his H4 stamping. Even my H1 was refused and am planning to apply for H4. Your response would be helpful for my H4.Thanks Link to comment
sss025 Posted April 14, 2011 Report Share Posted April 14, 2011 221g_blue_18Jan, When was your husband's H1 refused and when did he attend his H4 visa interview. Did your husband revoke the H1 petition before going for H4? Thanks Link to comment
sg2011 Posted April 14, 2011 Report Share Posted April 14, 2011 Hi 221g_blue_18Jan, Once back in the US wait for atleast 2-3 months and then have an employer who has direct clients file the H1 again. Avoid same employer since 221g denial can be because of Employer-Employee relationship. Later on if you want you can have the H1 transfered back to your original employer. **Please reply for the following questions 1. Which consulate did you get your H4 approval from? 2. what questions were asked at the H4 interview? Thanks Link to comment
221g_blue_18Jan Posted April 14, 2011 Author Report Share Posted April 14, 2011 All My husband did not revoke his H1 petition and went for H4 thinking as it is refused under 221g.Mine is EVC model and they did not ask him any questions. only where i work and how old is our kid. He went to hyderabad consulate. And he went to H4 interview before he got a letter from chennai for his H1. Link to comment
SaveusGod Posted April 16, 2011 Report Share Posted April 16, 2011 Hello Dear Can you please tell me which consulate your husband went? Did he go same consulate where he got his visa rejected? please share YOUR EXPERIENCE as I am in same situation , I got h1b rejected yesterday and thinking for H1B. Link to comment
svara Posted April 17, 2011 Report Share Posted April 17, 2011 Hello 221g_blue_Jan18 or anyone following this forum, I am in the same situation,i got 221g blue form requesting for additional documents,i did not submitted the documents, and i no longer want work with all these h1b complications, and decided to go on h4 visa,as my husband is on H1 . My h4 visa stamping is on April 28th. What did your husband do to withdraw the h1b case.? This is what i have done as of now, I have submitted my resignation to my employer, and also got the experience letter from him based on my employment with the company. Also i have an email from my Client that they have terminated my contract. Also i have emailed chennainiv@state.gov to withdraw my h1b application.I got the reply from them on the same day saying that i can withdraw my h1b application at the time of h4 visa interview,. And i will take this email with me.. Is there anything else i need to do to withdraw my h1b case? Please please help me. Also ,221g_blue_jan18 you have mentioned in your earlier reply that before getting the letter from chennai for h1b? what does that mean? Please reply 221g_blue_jan18, Could please give me your emailid so that we can keep in touch please. Thanks, Link to comment
221g_blue_18Jan Posted April 20, 2011 Author Report Share Posted April 20, 2011 My husband attended chennai consulate for his H1b stamping. He got 221g blue and no reply for 10 weeks.So he attended Hyd consulate in April for H4. He did not withdraw his application but did get resignation letter and releasing letter from his employer for safety. But he was not asked anything. VO asked questions like 1. Does your wife work in USA? For which Company? A: Yes. xx Client name 2.For how long she has been working in USA A: xx years 3.Asked for recent paystubs? Have shown 3 months paystubs 4.Did u study in USA and where? Ans:Yes, xxx Univerrsity 5.Did u apply for a H1b Yes. Got visa approved and passport within 2 days. Later he got a letter from Chennai consulate for his H1b saying they are sending petition to USCIS. Link to comment
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