(EB1) I-140 approved. H4 approval/denial probability

M

madhav3333

Registered Users (C)
I am currently located in India. I have my I-140 approved. My spouse & kid are in US. My wife has H1b visa. My intent is get H4 visa and to join my family in US for a duration of 3-4 months.

Having an approved I-140, is there a risk of US Consulate rejecting/denying my H4 application?

If yes, to minimize such a risk, do i need to carry any additional documentation at the time of interview at Consulate? For instance, Leave saction letter from employer indicating that my leave is sanctioned for 3 months from date A to date B and after the leave, he will resume India office.

Regards,

Madhav
 
madhav3333 said:
I am currently located in India. I have my I-140 approved. My spouse & kid are in US. My wife has H1b visa. My intent is get H4 visa and to join my family in US for a duration of 3-4 months.

Having an approved I-140, is there a risk of US Consulate rejecting/denying my H4 application?

If yes, to minimize such a risk, do i need to carry any additional documentation at the time of interview at Consulate? For instance, Leave saction letter from employer indicating that my leave is sanctioned for 3 months from date A to date B and after the leave, he will resume India office.

Regards,

Madhav
Click to expand...

H4 is a dual intent visa so having an approved I-140 is not the issue. The real question is, since the EB-1 is "current" will a trip interfere in the processing for that? Since you are abroad and appear to be working abroad, are you trying to circumvent the Consular Process that you appear to be predisposed to complete? (That is what they will be thinking. Is it true?) In the alternative, what details have you left out of the question you posted?
 
BigJoe5 said:
H4 is a dual intent visa so having an approved I-140 is not the issue. The real question is, since the EB-1 is "current" will a trip interfere in the processing for that? Since you are abroad and appear to be working abroad, are you trying to circumvent the Consular Process that you appear to be predisposed to complete? (That is what they will be thinking. Is it true?) In the alternative, what details have you left out of the question you posted?
Click to expand...

Thank you BigJoe for prompt reply. I am exploring an option to opt for AOS instead of CP. Hence I asked this question.
 
You must log in or register to reply here.
Top