waitin_toolong
Registered Users (C)
which consulate makes it necessary, i have not read anything like this before
H4 rejected, as the spouse came on B2-F1-H1, pl. any suggestions
- Thread starter g_m111
- Start date
at last....
Well I spoke to a very competent lawyer today. In her view they are looking for the H1 stamp on my passport which I don't have, and they will not give to me even if I go back or go to canada (when I asked her mexico, she said we will explore that option last). So they are holding my husband there.
She has suggested this would happen with all who came on tourist and changed to some other visa.
She suggests that we give one more try with my husband's interview, if they refuse again, which the chances are more, then I go back to India, which I intend to. and then apply for the H1 again thru someother company( I have one that is willing to do it) after 6 months, and then come together from India on H1/H4.
The other option is so start the GC and then go back.For that I have a compny that will do it but I am not their employee, so what profit do they get in doing it for me, is still an open negative point.
If this doesn't get materialized due to any reason, then my last resort will be to ask my present employer if he will do my GC, while I go to India. For him this would be a future payback from my employment, while I pay for the GC process now.
maybe this helps anybody.
Thanks
Well I spoke to a very competent lawyer today. In her view they are looking for the H1 stamp on my passport which I don't have, and they will not give to me even if I go back or go to canada (when I asked her mexico, she said we will explore that option last). So they are holding my husband there.
She has suggested this would happen with all who came on tourist and changed to some other visa.
She suggests that we give one more try with my husband's interview, if they refuse again, which the chances are more, then I go back to India, which I intend to. and then apply for the H1 again thru someother company( I have one that is willing to do it) after 6 months, and then come together from India on H1/H4.
The other option is so start the GC and then go back.For that I have a compny that will do it but I am not their employee, so what profit do they get in doing it for me, is still an open negative point.
If this doesn't get materialized due to any reason, then my last resort will be to ask my present employer if he will do my GC, while I go to India. For him this would be a future payback from my employment, while I pay for the GC process now.
maybe this helps anybody.
Thanks
GCChaahiye
Registered Users (C)
max2k1 said:
I know that H is a dual intent visa and no one can be denied because of having filed an IV.I am NOT saying that his H4 has been denied on THIS basis.
However, try arguing with the Consular Officer about his/her denial in the 2 minutes ( of confusion and tension)that you get at the window.
I am just trying to get the facts as to what may be a probable reason for his H4 denials.
I think one has to keep his cool and ask the officer to clearly state which INA section are they using to refuse the visa.GCChaahiye said:
They cannot use 214 (as Jim pointed) since H visas allow for dual intent.
I think it helps to be aware of some of the basic laws before facing the consulate official
I think if you know that your point is valid, its not at all difficult to bring it to the attention of the other party.
Good luck to all
There is lot of confusion and un-necessary discussion.
Guy/Gal who has problem getting H4 for the spouce doesnot have H1 visa, rather he/she has changed Status to H1 from F1. In that case you may stay here in US till the last date mentioned in changed Status Approval. But to get H4, you need H1 Visa for which you must visit home country to apply(new rule effective July 2004)
Guy/Gal who has problem getting H4 for the spouce doesnot have H1 visa, rather he/she has changed Status to H1 from F1. In that case you may stay here in US till the last date mentioned in changed Status Approval. But to get H4, you need H1 Visa for which you must visit home country to apply(new rule effective July 2004)
Hi
I have someother news. yesterday I called DOS 3rd time, just to hear them repeat what they have said last two times. I was shocked to hear when the lady said that they have inadvertently given refusal under 214(b). It is actually under 221(g). That is what the notes say. looks like they may have corrected their mistake internally later.
What does that require? Also under 221(g) I read somewhere that no appointment is necessary, that is strange? Also no fees is required again?
Can someone shed more light on it. I have his interview for oct 1st.
Thanks
I have someother news. yesterday I called DOS 3rd time, just to hear them repeat what they have said last two times. I was shocked to hear when the lady said that they have inadvertently given refusal under 214(b). It is actually under 221(g). That is what the notes say. looks like they may have corrected their mistake internally later.
What does that require? Also under 221(g) I read somewhere that no appointment is necessary, that is strange? Also no fees is required again?
Can someone shed more light on it. I have his interview for oct 1st.
Thanks
Hi g_m111
I have been reading ur posts. You say u called DOS and they told u it was rejected under 221(g) not under 214. Correct?? Did you call the DOS here in US or the embassy where ur spouse's visa got rejected.
As for ur last post, you should try to contact the consulate in person and explain the situation that on ur 3rd call the DOS said it was 221(g) and not 214 and what you should do abt it. It really depends on from where u got the info that it was under 221(g) instead and if possible try to get some kind of letter from the same source where you got this info.
I have been reading ur posts. You say u called DOS and they told u it was rejected under 221(g) not under 214. Correct?? Did you call the DOS here in US or the embassy where ur spouse's visa got rejected.
As for ur last post, you should try to contact the consulate in person and explain the situation that on ur 3rd call the DOS said it was 221(g) and not 214 and what you should do abt it. It really depends on from where u got the info that it was under 221(g) instead and if possible try to get some kind of letter from the same source where you got this info.
Hi
I do not have the H1 stamp on my Passport, as I was here as a student when I got th ejob offer.
I have spoken to the DOS here in the US, But will they give me a proof of them. I doubt it. I guess my last resort will be to call the US consulate in India, and try to explain them the situation.
Thanks
I do not have the H1 stamp on my Passport, as I was here as a student when I got th ejob offer.
I have spoken to the DOS here in the US, But will they give me a proof of them. I doubt it. I guess my last resort will be to call the US consulate in India, and try to explain them the situation.
Thanks
I think the problem is the B->F conversion, not F->H conversion, which many many people do without a problem.
Assuming that you were never out of status (and hence triggering the n-year ban from entering US), here's one strategy. Remember, I'm not a lawyer.
If you decide that it's more important to be with your spouse than be in US, then you probably should go back to your home country and apply for your own H1 and your spouse's H4 together.
Take all possible documentation and be prepared to make a solid case that you were never out of status for your entire n-year stay in US, backed by paperwork. Also, be prepared to show that your B1->F1 conversion was indeed approved by INS, though they don't like it. That is, you never broke the law, and they have no right to deny you a visa.
This way, either both of you get your visas or none does. If they reject your H1 in spite of you documenting everything right and your employer's correctly approved H1 petition, your employer probably has lot more traction with govt agencies than you do in regards to your H4. This is of course, assuming your employer is firmly behind you and will go through some trouble to have you back.
The advantage is that you are there at the consulate, and you can authoritatively speak for yourself, your status, your employer which your spouse cannot. Once you qualify for H1, the H4 comes automatically, you just need to prove your spouse is indeed your spouse. Nothing more.
The disadvantage, of course, is that you may get stuck in your home country, with a visa rejection, screwing up your future in US. If that happens, and assuming your LC eventually clears, your employer could apply for GC based on "future employment".
Finally, they cannot use the fact that you want to immigrate to US against you on a H or L visa. I know that's theory, but that's by and large, the experience of most people here as well. Never lie, misrepresentat or do out-of-status stay as they CAN use it against you to deny a visa, so be sure not to give them something to latch on to.
Basically, if you cannot be disqualified for a visa and make it watertight, they can interview you, ask you a lot of hard questions, do security checks, but they cannot deny the visa.
~T
Assuming that you were never out of status (and hence triggering the n-year ban from entering US), here's one strategy. Remember, I'm not a lawyer.
If you decide that it's more important to be with your spouse than be in US, then you probably should go back to your home country and apply for your own H1 and your spouse's H4 together.
Take all possible documentation and be prepared to make a solid case that you were never out of status for your entire n-year stay in US, backed by paperwork. Also, be prepared to show that your B1->F1 conversion was indeed approved by INS, though they don't like it. That is, you never broke the law, and they have no right to deny you a visa.
This way, either both of you get your visas or none does. If they reject your H1 in spite of you documenting everything right and your employer's correctly approved H1 petition, your employer probably has lot more traction with govt agencies than you do in regards to your H4. This is of course, assuming your employer is firmly behind you and will go through some trouble to have you back.
The advantage is that you are there at the consulate, and you can authoritatively speak for yourself, your status, your employer which your spouse cannot. Once you qualify for H1, the H4 comes automatically, you just need to prove your spouse is indeed your spouse. Nothing more.
The disadvantage, of course, is that you may get stuck in your home country, with a visa rejection, screwing up your future in US. If that happens, and assuming your LC eventually clears, your employer could apply for GC based on "future employment".
Finally, they cannot use the fact that you want to immigrate to US against you on a H or L visa. I know that's theory, but that's by and large, the experience of most people here as well. Never lie, misrepresentat or do out-of-status stay as they CAN use it against you to deny a visa, so be sure not to give them something to latch on to.
Basically, if you cannot be disqualified for a visa and make it watertight, they can interview you, ask you a lot of hard questions, do security checks, but they cannot deny the visa.
~T
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