H1 got denied two years ago , is he eligible for H4?

P

Paalem

Registered Users (C)
Hi all,
I am asking this question on behalf of one of my friends in India. My friend applied for H1 and got denied two years ago ,now he got a proposal to marry a girl who has H1B. Will there be any problem if he applies for H4 through the girl's H1 after the marriage?

Thanks in advance.
 
If the H1 denial was based on the applicants' documentation (or the lack of it), there is a risk of H4 refusal.
 
Thank you jaxen and all,I need more info.....

Actually my friend does not have sixteen years of study but Did couple of diploma courses in Private institutions when he applied for H1 and got denied. Later He went to Singapore for a project and came back to india. Does all these factors affect when he applies for H4?

Thanks in Advance.
 
Lack of ducument

Looks like your friend got denied because of the lack of the qualifications. What field is he planning to work for ? if it is something like other skilled workers category then he can still get it.
 
It is H4 right?

In case it is still H4:
Somehow the visa officers have taken an attitude towards H4 applicants who were former successful/unsuccessful H1 applicants.
Only way to find out is to apply with consulate. Just be prepared to answer the question what assurance can the applicant give about not trying for H1, once in US. Need an articulated answer.
 
Thank you Jaxen and narayana for replying. Actually my friend is applying for H4.I've seen just couple of cases where immigration officials refused H4 on 'Misrepresentation' in one case and other they told the applicant to apply after the spouse gets the Green Card. In the both cases the H4 applicants got denied H1 earlier.I do not know how many petitions were successful, but these were the two cases with negative results. Though I am very sorry for those two cases.
 
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