B2 rejected, F2 rejected H4 221g and then approved. Now I got H1 approved from Oct 2013, Planning to go to india and do stamping, evaluating the risk

akashz

By akashz,
in H1B : General

Recommended Posts

akashz Advanced Member

akashz

Posted
Posted

Hi,

My wife tried for tourist visa and it was denied. Then we tried for F2 visa twice and it was rejected. Later my wife went for H4 visa after my H1 approval (H1 Valid from Oct 2012). She got 221 g during her H4 and then H4 was approved after second interview. My wife travelled to US in Oct 2012 and since then she is in US.  

 

We filed for her H1 and her petition was recently approved. Now we are planning to go to india in November.

 

I wanted to know how her previous rejections will impact her H1 visa interview. Is there a chance of H1 rejection. Does anyone gone through such situation. If we have to go to india then we both have to go for stamping in Novemeber.

Link to comment
Attorney_15 Advanced Member

Attorney_15

Posted
Posted

Generally, someone who has been subject to visa refusals would be at a higher risk of another visa refusal. The fact that the Consular Officer issues an H4 visa after a B2 and F1 visa refusal means that there are some concerns and so the likelihood of experience problems at another visa application interview are somewhat higher. Even though a 214b denial is not legally permissible for an H1B visa application, one can still be refused 221g for Administrative Processing, which can take months or years - unless of course one tries to sue in federal court for a writ of mandamus. If one has an I-94 card and is in status, travel abroad for a visa stamp is a risky venture.

Link to comment
chakrakr Advanced Member

chakrakr

Posted
Posted

 

We filed for her H1 and her petition was recently approved. Now we are planning to go to india in November.

 

 

How did "you"  file for her H1 ?  An H1 need to be filed and paid for by an employer.  If you paid (illegal) a  small consulting company for H1 with no real job,  Visa stamping is going to be real tough.

Link to comment
akashz Advanced Member

akashz

Posted
  • Author
Posted

Guys  chill. I didnt do anything illegal. She was working for a consulting firm voluntarily (without pay) 8-10 hrs a week. In return employer filed her H1.

 

Her B2 visa was rejected (motnth before marriage) as she mentioned that she wanted to visit me (her fiance) before marriage since our marriage was arranged marriage. I know that was not a good reason but someone suggested the same. I dont need any comment on that, that was a foolish mistake. 

 

I tried for the F2 visa after marriage but it was rejected as I was on OPT and there was only 6 months left for my OPT. This was repeated one more time.

 

After my H1 was approved and was valid from Oct 2012, my wife came here in Oct 2012.

 

Now we are in US so there is no question of looking life here, we are already living here :). I wanted to evaluate the risk that if I go to India then how her previous rejections will affect her current visa stamping. Since all the visa rejections was for dependent initially and now it will be work visa, I am not sure whether or not her rejections will affect. But i think it will.  

 

If we travel now then she will have only one month of paystub and all other documents. Will there be any other ground for rejection. I am also concerned that the officer may think that her intention was to work in US and thus was eager to be in US which was not true. Eventually we landed doing that.

If we both have to stamp H1 then do consulate have a provision of us going together and appearing at the same time at one window. (THis question may be irrelevant but just trying to explore options if any)

Link to comment
jairichi Advanced Member

jairichi

Posted
Posted

Guys  chill. I didnt do anything illegal. She was working for a consulting firm voluntarily (without pay) 8-10 hrs a week. In return employer filed her H1.

 

Her B2 visa was rejected (motnth before marriage) as she mentioned that she wanted to visit me (her fiance) before marriage since our marriage was arranged marriage. I know that was not a good reason but someone suggested the same. I dont need any comment on that, that was a foolish mistake. 

 

I tried for the F2 visa after marriage but it was rejected as I was on OPT and there was only 6 months left for my OPT. This was repeated one more time.

 

After my H1 was approved and was valid from Oct 2012, my wife came here in Oct 2012.

 

Now we are in US so there is no question of looking life here, we are already living here :). I wanted to evaluate the risk that if I go to India then how her previous rejections will affect her current visa stamping. Since all the visa rejections was for dependent initially and now it will be work visa, I am not sure whether or not her rejections will affect. But i think it will.  

 

If we travel now then she will have only one month of paystub and all other documents. Will there be any other ground for rejection. I am also concerned that the officer may think that her intention was to work in US and thus was eager to be in US which was not true. Eventually we landed doing that.

If we both have to stamp H1 then do consulate have a provision of us going together and appearing at the same time at one window. (THis question may be irrelevant but just trying to explore options if any)

Your first statement itself points illegal work. On H4 your wife can not work for an employer who is going to file a H1B later. And, she can not volunteer for a for-profit organization.

I would say take your chances. But, speak to a good attorney before you take a decision.

Link to comment

Archived

This topic is now archived and is closed to further replies.

Go to topic listing