Need help: H4 after H1 rejection to visit spouce.

[imme_questions]

I am currently working on H1B visa. My husband works in Singapore. We want to apply for his H4 so that he can visit me in US more often while continuing his job in Singapore.

His H1 application for Cap 2013 was rejected. Reason: 103.2(b)(13)Documents not provided in time by company.

1. Is application of H4 feasible or he should apply for tourist visa?

2. Is it reasonable to apply for H4 if he has intension to visit me but not to stay long in US?

3. Can previous H1-rejection affect H4 application?

Thanks.

[pontevecchio]

1. Yes 2. Yes 3. Not really.

[rahul412]

1. Is application of H4 feasible or he should apply for tourist visa?

2. Is it reasonable to apply for H4 if he has intension to visit me but not to stay long in US?

3. Can previous H1-rejection affect H4 application?

No problem. Just apply for H4 and you are good to go. His H4 is dependent on your H1.

[Attorney_11]

Generally, there is no prohibition for an otherwise eligible individual being issued a H-4 visa just because they do not have a long term intent to stay in the US or were previously the beneficiary of a denied H1B petition. However, each case is different. It may be helpful to discuss personalized facts with a competent immigration attorney.

[omshiv]

Apply for H4 rather than Tourist visa...which is likely to get denied...should not be an issue over previous H1 rejection.

[imme_questions]

Thank you all for quick responses; That is really helpful.

[imme_questions]

Thanks for your responses. I would highly appreciate a response for following questions as soon as possible as his interview is scheduled on Monday(3rd Jun -Singapore).

I have more questions on same topic:

1. I am providing my latest tax documents to my husband for visa interview which got filed with status 'Single'; Would it be a problem? He has never visited US & He has original marriage certificate.

2. Does he need flight itinerary & letter from employer stating vacation approval for H4 interview?(He is interviewing in Singapore)

3. There is a question in DS-160 as follows:

Have you ever been refused a U.S. Visa, or been refused admission to the United States, or withdrawn your application for admission at the port of entry?

we answered as-'Yes'

For explanation we wrote-'H1 VISA APPLICATION REJECTED .APPLICATION NUMBER :XXX AS EMPLOYER DID NOT RESPOND WITHIN ALLOWED TIME PERIOD.'

My question is: whether this is visa rejection or petition rejection? And should my answer be 'No' for this question?

Thanks in advance.