H1 tranfer approved. Should I go with new employer for my wife's H4?

L

live4u

Registered Users (C)
Hi,
Mine is a sad story. Came here on June 19th on my new H1. First time on a temporary worker's visa (company A). The H1 papers were approved long back in feb 2003. due to some circumstances, i had to stay back in india without applying for visa. I applied for visa and got it from delhi embassy in May 2003. We appd for my wife's H4 to chennai consulate(the most notorious, horrible one) by drop box in May 2003 and they sent back the papers in June 2nd week 2003 with a query asking how/why the job is kept vacant till now. My employer A replied for the query. By then he asked me to be here. So I landed on june 19th. Once she got the letter, she applied again to the consulate with my I-94 copy by drop box. This was on June 28th 2004.

The consulate sent back the papers again asking for my previous years paystubs, W-2s, tax returns in US. they didnt look at any paper we submitted. They asked her to come in person with proper appointment. In the mean time, I appd for a job transfer here with a nasdaq listed products company B. They asked me to join them on aug 2nd. I started working from aug 2nd with new employer B here. They got only the transfer receipt by then.

My wife went on aug 3rd (I started working with new company from aug 2nd) with all the docs(not the new employer's docs as I didnt have the approval yet). The officer there rejected 3 B-1s from a very reputed company it seems. When my wife submitted all the docs, he sarcastically said it seems, oh 2 B-2(my Indian company screwed these) rejections and 2 H4 rejections. He saw the docs and asked her to submit the answer for query 1 ie how/why the job is kept vacant it seems. he said that he found no evidence in the employer's doc explaining why it was kept vacant it seems. Luckily he asked her to come on any tuesday,wed,thurs it seems. We were planning to send her the coming tuesday with the proper explanation from my earlier employer A. Today my new employer B(where I am working right now) got the approved H1 transfer papers and gave them to me.

My question is, with whose H1 papers should we apply for her H4 now? Isnt it illegal to apply with company A's H1 papers? As I already started working for company B with the receipt (b4 the approval came) on Aug 2nd, and as my wife went for H4 with papers from company A on aug 3rd, wont it be difficult for her to go now with company A's docs with all possible explanations required? Or is it fine to go with company A's docs? Or is it advisable to go with company B's papers? Is there a chance of them questioning y she is applied H4 on Aug 3rd through company A rather than company B where I already started working?

Please give me some inputs plz
 
I fail to understand as to why you created so much of confusion in the first place.Why your wife had applied so many times without thinking and if you/she did not plan to come here.And as soon as you come here, you dump your earlier employer and switch to another one :rolleyes:

Now with so many denials, it may be extremely difficult/tricky/lucky to get your wife's H4.

In my personal opinion, she should apply for H4 based on the H1 of your new employer.

And also, readers would appreciate if you can please avoid using "Instant Messaging Language" in your future posts.

Thank You.
 
live4u said:
Hi,
Mine is a sad story. Came here on June 19th on my new H1. First time on a temporary worker's visa (company A). The H1 papers were approved long back in feb 2003. due to some circumstances, i had to stay back in india without applying for visa. I applied for visa and got it from delhi embassy in May 2003. We appd for my wife's H4 to chennai consulate(the most notorious, horrible one) by drop box in May 2003 and they sent back the papers in June 2nd week 2003 with a query asking how/why the job is kept vacant till now. My employer A replied for the query. By then he asked me to be here. So I landed on june 19th. Once she got the letter, she applied again to the consulate with my I-94 copy by drop box. This was on June 28th 2004.

The consulate sent back the papers again asking for my previous years paystubs, W-2s, tax returns in US. they didnt look at any paper we submitted. They asked her to come in person with proper appointment. In the mean time, I appd for a job transfer here with a nasdaq listed products company B. They asked me to join them on aug 2nd. I started working from aug 2nd with new employer B here. They got only the transfer receipt by then.

My wife went on aug 3rd (I started working with new company from aug 2nd) with all the docs(not the new employer's docs as I didnt have the approval yet). The officer there rejected 3 B-1s from a very reputed company it seems. When my wife submitted all the docs, he sarcastically said it seems, oh 2 B-2(my Indian company screwed these) rejections and 2 H4 rejections. He saw the docs and asked her to submit the answer for query 1 ie how/why the job is kept vacant it seems. he said that he found no evidence in the employer's doc explaining why it was kept vacant it seems. Luckily he asked her to come on any tuesday,wed,thurs it seems. We were planning to send her the coming tuesday with the proper explanation from my earlier employer A. Today my new employer B(where I am working right now) got the approved H1 transfer papers and gave them to me.

My question is, with whose H1 papers should we apply for her H4 now? Isnt it illegal to apply with company A's H1 papers? As I already started working for company B with the receipt (b4 the approval came) on Aug 2nd, and as my wife went for H4 with papers from company A on aug 3rd, wont it be difficult for her to go now with company A's docs with all possible explanations required? Or is it fine to go with company A's docs? Or is it advisable to go with company B's papers? Is there a chance of them questioning y she is applied H4 on Aug 3rd through company A rather than company B where I already started working?

Please give me some inputs plz
Click to expand...
--- I fully agree with "GCChaahiye" below reply ( I am posting becase you send me PM)


I fail to understand as to why you created so much of confusion in the first place.Why your wife had applied so many times without thinking and if you/she did not plan to come here.And as soon as you come here, you dump your earlier employer and switch to another one

Now with so many denials, it may be extremely difficult/tricky/lucky to get your wife's H4.
In my personal opinion, she should apply for H4 based on the H1 of your new employer.
--- that is correct, send her new H1 approval+ certified LCA + form I-129 certifed by lawyerand full petition of B, recent paystubs , explain why you dont have W-2, explain why employer A did not have job for many months after your H1 for A was approved, She should provide the document what is asked, if you face any problem again for wife H4 visa stamping then you must contact good lawyer
And also, readers would appreciate if you can please avoid using "Instant Messaging Language" in your future posts.
 
Sorry for my language. it was too big a message so couldnt avoid typing it.

Actually, she had all 221(g) denials. its 3 of them and for the current H4.

the B-2 denials (214 b)were long back say 2002 company C. after that she got H4 visa stamped from Wipro but she never travelled on that.

I entered US only on June 19th on H1 from employer A.

1) the first query was how/why the job was kept open from the date of approval

my employer A sent the answer to the query and she submitted the docs by drop box as she was instructed so.

She got back her papers

2) with second query of W2 forms, paystubs, tax returns and to attend in person

She took my paystub and submitted the same on Aug 3rd. She told me that the officer was not in a mood to listen. He asked her to submit the documentation for the first query again.

In the mean time I joined new company B on Aug 2nd where they appd for H1 transfer. Got the approval today. Now she was asked to submit the document from employer A. Thats the whole story. company A's attorney has given another document which explains properly the new query. We are in a fix as what to do now. Can she go with company A's documents still (am working in company B where H transfer is approved) and submit the reqd documentation? Please advise.
 
Last edited by a moderator:
live4u said:
Sorry for my language. it was too big a message so couldnt avoid typing it.

Actually, she had all 221(g) denials. its 3 of them and for the current H4.

the B-2 denials (214 b)were long back say 2002 company C. after that she got H4 visa stamped from Wipro but she never travelled on that.

I entered US only on June 19th on H1 from employer A.

1) the first query was how/why the job was kept open from the date of approval

my employer A sent the answer to the query and she submitted the docs by drop box as she was instructed so.

She got back her papers

2) with second query of W2 forms, paystubs, tax returns and to attend in person

She took my paystub and submitted the same on Aug 3rd. She told me that the officer was not in a mood to listen. He asked her to submit the documentation for the first query again.

In the mean time I joined new company B on Aug 2nd where they appd for H1 transfer. Got the approval today. Now she was asked to submit the document from employer A. Thats the whole story. company A's attorney has given another document which explains properly the new query. We are in a fix as what to do now. Can she go with company A's documents still (am working in company B where H transfer is approved) and submit the reqd documentation? Please advise.
Click to expand...
---- she should go with company B documents and must keep company A documents with her9 if asked can show) you will know the results only after she goes for stamping
 
Thanks ginnu. The consular officer had asked my wife to come on any tues,wed,thurs between 9am to 12pm with the explanation for the query he posed for company A's docs. Can we use the same? Or should she take a new appointment? As she is going with new H4, can she go to delhi? Please advice.

Tx
 
live4u said:
Thanks ginnu. The consular officer had asked my wife to come on any tues,wed,thurs between 9am to 12pm with the explanation for the query he posed for company A's docs.

---go on the days as told by officer and provide what is asked
Can we use the same? Or should she take a new appointment? As she is going with new H4, can she go to delhi? Please advice.

Tx
Click to expand...
 
You must log in or register to reply here.
Top