H4 refused to my husband, I need to go back to india

g_m111

Registered Users (C)
Hi

The consulate is not giving the H4 to my husband. So that means that I have to go back to India, I got my H1 on jan16 04.

There is another comany that is ready to sponsor my H1, but I need to go to India and then this company will apply for a new H1 so that me and my husabnd can come together.

My question is how does the first h1 get cancelled, so that we can both come on this new H1/H4 from India?

Is their a time constraint that a new H1 can be applied after a certain time?

Please help, I need to be with my husband soon.

Thanks
 
well in ur case you dont need to go back to India just to get a new visa, visa detemines tha category, you can apply for a transfer here, after that you will not be given a new stamp just cause,, you changed employers, you just need old stamp and new approval to eneter USA.
new stamp in same category is not issued before u reach 60 days to expiry of old one.

Reading ur ear;ier posts it seems unlikely that changing companies will make a difference, as the refusal was based on ur husband's presumed intent to immigrate.

what you need is strong docementation showing ties to the country not a new H1.

the other option is getting a new H1 for hubby.
 
Yes you are right, but my husband is not a pro, so he will not be granted the H1, although a friend is ready to do that.

is my GC from my H1 employer another option, can it be processed even when I am in India. and then come after the I-140 is cleared.

Please reply back, I am so confused right now.

Thanks
 
I think i replied to ur earlier mail about GC question.

Yes, the GC can be done while you r out of the country, but you will be able to enter after the CP is doen and you have the GC.

i replied in more detail earlier
 
Thanks waitin too long for your advice. It has been very helpful.

Hathwar

They refused my husband as I came on B2 changed to f1 and now to H1 and so we have no intentions of going back, hence they are holding him there.

Thanks
 
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