Can H4 visa be filed from a different country within a month after filed in Madras, India?

Ram Kri

Member
My wife applied for H4 visa in Madras. The Consulate people asked for additional documentation like my original H1 and our previous H1 approvals. They returned the passport without stamping rejected or approved. Can she go to UK and apply for H4 in that country? She is a permanent resident of UK. What she should answer in the OF 156 form where they ask did she applied for any visa? She has H4 approval document but she don\'t have visa stamp to come to US. Experts please help.
 
Madras consulate should have given a notice...

This will be recorded against her passport. (at least the section under which the visa was denied will be recorded). She needs to have a better explanation for why she is not trying back in Madras consulate with better documentation, then any "cultural" reasons.
 
H4 Visa at Madras Cosulate

Jaxen, Thanks for your immediate posting. Madras Consulate sent back my wife\'s passport and other documentation without stamping on the passport. I know what you are saying about the rejection but they didn\'t rejected it they sent back the packet requesting additional documentation like our previous H1 and H4 approvals. Usually when they reject they stamp on the back of the passport like American consulate stamp and date that is not there on her passport. Please respond if you know more about it.
 
No not rejection stamp

but a denial letter. A single page letter that cites the section under which the H4 was denied (214 (b)?). Just make sure that you carry that letter to UK for H4 that is all.
 
H4 visa

Yes they gave a letter saying that under section 221G requesting the following documentation.
Origianl 797 of H1 holder, Previous H4 797 approvals, LCA, I129 petition and all my original Degree Transcripts and Original Experience certificates along with Marriage certificate. The problem here is I don\'t have a computer degree and we came to US on a visitor\'s visa. I got the H1 approval before my visitor\'s visa expired. So we are never out of status. Is there any possibility of rejecting the H4 visa for my wife under the grounds that I don\'t have a computer degree?
One more question if we go to another country and apply for H4 do they have a record in their computer that we went for H4 visa in Madras?
Your expert advice is highly appreciated. Thanks
 
H4 Visa

One more question Jaxen, Is there any chance that the UK Consulate ask my wife to go back to Madras Consulate? I am trying to avoid Madras Consulate. She is attempting to go to UK Consulate after a gap of 40 days. If we produce all the documentation what they asked in the Rejection letter to UK Consulate will they accept it and grant the visa?
Thanks for your replies.
 
They might...

And you can bet on your money that they will try all things to make you go to Madras consulate.
They can do this if they think that they cannot evaluate- say a particular document. Say for example, you have a marriage certificate from India. The UK consulate (although they might have accepted this in other cases) might say that they do not have any facility to verify the validity of an indian marriage certificate , because they are not in India!
Just be prepared. Although some consul officers seem to be tougher than others all of them operate based on mostly local conditions. It is very difficult to stand on somebody\'s shoes and think how they\'ll react.
 
H4 Visa

So what is my best option? Please suggest me your opinion. Can we answer to the question that there are no rejections in the DS 156 form while applying to UK Consulate? Do they know that we applied in Madras Consulate and got rejected? Please help me out in clearing my mind about these silly questions.
Thanks
 
No Title

1. you came on Visitor Visa then Changed to H1b in USA, this goes agains your Intent when you got your b1/2 Visa to enter US
2 Madras Consulate wants your orignal degree Papers and H1B approval, I-129 ,Lca and Employer letter and current pay stubs, why dont you sumit it to them? they want to make sure your Educational records are correct and you did not use the Fake degree certificate in US to get H1B, if you are honest why not to submit what is required.
3. your wife will be refused H4 at US consulate in UK as her Application record is in the Computers. She has to provide what they need to Madras Consulate.
 
H4 Visa

Thanks Gumnam, If they are looking just for my certificates then it is fine. I am afraid that I changed my intent from Visitor to H1. Can they make a issue of that and refuse visa to my wife? My concern is that. If anyone have any details or experience in this pleae help me out guys. Thanks in advance.
 
No Title

Many have changeg to H1B after Visitor visa, I do not see a problem in this, even they have it should be with you, NOT with your wife H4, she will have no problems for H4, Send her all the requirements, it will be fine.

I know a case from Bombay a Person came here on Visitor and then Got H1b in US, when her wife went to get H4 they also asked her to submit few other documens, then she wrote to her husband and he sent everything required, she went to Mumbai consulate and after the required Documents and She was issued H4 Visa but they Stamped it for 6 years,(petition was only for3 years) when she came to US , I checked the passport and told her husband that it is a mistake of US consulate and her H4 will be Valid till H1B petition only so they should file for H4 extension when main H1B is filed for extension.

Send the Documents, I do not see any problem , But UK will refuse her and she should get from Madras.
Good Luck!!!
 
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