H1 transfer denied - Pls Help

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tigger123

Registered Users (C)
My fiancée’s H1 transfer was denied for company A. Her current H1 from Company B is valid till Oct 2005. However she resigned from company B since she had to go back to her home country.

To get her back into the US, I think of 2 options. Please suggest which is better.

1. I can go to the home country and get married to her. She can come on H4 (since I am on H1). Question is - How will the H4 be affected if her H1 is denied? Should I wait for some more time before I get married? Should she wait to go for her H4 stamping after we get married?

2. I apply for a new H1 and send her the Receipt Notice. She can enter the US based on the receipt notice. Question here is - Will it cause any problems at the port of entry?

Let me know if you can come up with a better solution.

Thanks all
 
1. I dont think she will have any problem for getting her H4 after you get married if she had maintained valid legal status throughout her stay in the US.

She can go immediately,however, the officer at the consulate may get very moody or picky because you would be married for not much time.So, make sure to have all your documents properly including marriage album with lots and lots of photographs.


2. She cannot enter US on the basis of a Receipt Notice for a new H1B.She would have to wait in her home country till this new H1B gets approved and then she goes to the consulate to get her passport stamped with the new H1B visa.

Probable alternative:

IF she has her passport stamped with the H1B of Company B, AND IF Company B has not yet revoked her H1B, then perhaps she can talk to her employers and come back on that H1B.You can get married here and apply for her H4.Once it is approved, you can go to her home country and get married again in the local style :D

Hang on for a few more days to see if someone can come up with better alternatives.
 
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tigger123 said:
My fiancée’s H1 transfer was denied for company A.
---what reason was given by USCIS for H1 denial????

Her current H1 from Company B is valid till Oct 2005. However she resigned from company B since she had to go back to her home country.

To get her back into the US, I think of 2 options. Please suggest which is better.

1. I can go to the home country and get married to her. She can come on H4 (since I am on H1). Question is - How will the H4 be affected if her H1 is denied? Should I wait for some more time before I get married?
---- her H1 extension denial has nothing to do with her H4 that she is going to get on the base of your H1, you can marry any time, I dont know the reason why her H1 for A was rejected, if it was lawyer mistake or something to do with company A then I dont see any problems for her H4 based on your H1 after marriage to you. if she submited some fake documents for A H1 transfer then may face problem , before posting you should have wriiten the full details why her H1 transfer for A was denied. It seems to me that she worked with X company then applied H1 transfer through A and may be she was not on status or she did not have recent pay stubs from X, I dont know what is true.
Should she wait to go for her H4 stamping after we get married?
--- she can go next day after marriage with photograps and M certificate
2. I apply for a new H1 and send her the Receipt Notice. She can enter the US based on the receipt notice.
------no, she cant enter based on reciept notice, she should get new H1 approval notice and need to get H1 visa stamp before she enter on H1 status

Question here is - Will it cause any problems at the port of entry?

Let me know if you can come up with a better solution.
*** if her H1 petition has not been revoked by B and she has H1 Visa stamp till 2005 then she can enter US But she has resigned from company, you need to discuss with B or with good lawyer and explain her full situation in detail
Thanks all
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Thanks for the reply Ginnu.
Her H4 was denied with a reason that the position she applied is not a speciality occupation.
 
tigger123 said:
Thanks for the reply Ginnu.
Her H4 was denied with a reason that the position she applied is not a speciality occupation.
--------- how they denied H4 visa for position of speciality occupation?????? H4 is NOT work Visa?????.
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