H4 rejected, as the spouse came on B2-F1-H1, pl. any suggestions

G

g_m111

Registered Users (C)
Hi all

I came here on B2, changed to F1(before 9/11), changed to H1 recently, I sent papers for my husband to come on H4 dependent visa. He was refused (Delhi consulate) yesterday on grounds of intent to immigrate from India to the US.

I thought all those who come here on h1 get their GC processed, and stay here. Isn't the intent pretty clear for all of us.

please guide me, I need some advice very soon, what can I do? I would really appreciate any help or advice.

Thanks
Geeta
 
g_m111 said:
Hi all

I came here on B2, changed to F1(before 9/11), changed to H1 recently, I sent papers for my husband to come on H4 dependent visa. He was refused (Delhi consulate) yesterday on grounds of intent to immigrate from India to the US.

I thought all those who come here on h1 get their GC processed, and stay here. Isn't the intent pretty clear for all of us.

please guide me, I need some advice very soon, what can I do? I would really appreciate any help or advice.

Thanks
Geeta
Click to expand...
H and L visa are dual intent visa - rest are not. Hope it is clearer now.
 
Yes that is what I meant, then why did the officer refuse my husband on this ground. my husband asked him 3-4 times if he was missing any document, and the officer said no, you have everything, but I am sorry, I cannot give you the visa as you will not come back.

I don't know what to do.

Geeta
 
g_m111 said:
Yes that is what I meant, then why did the officer refuse my husband on this ground. my husband asked him 3-4 times if he was missing any document, and the officer said no, you have everything, but I am sorry, I cannot give you the visa as you will not come back.

I don't know what to do.

Geeta
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Did they consider the changes you made ... which was somewhat illegal like B2 to F1...Did you change all these staying USA. If they approve all these why deny now? Also H4 has dual intent....Its all confusing...
 
When they refused, they must have written the law
Code: 
 they used as basis for refusal on the application. What is it?
 
Hi,

I'm on same boat! I come to US on B2- F1- now H1. My wife went to Consulate 2 times and they asked her to bring additonal paperwork under section 221 (G) I never went outside the US during visa conversion. She is going for visa next month. Third time request, they asked for "my visa history " from the day one. I'm really confused and frustrated that If I got the approval from INS here, then why they are denying or refusing Visa. It seems to me, its more personel issues.

I'm hoping that she get the visa ! Lets what happens?
g_m111- Can you tell me under what circumstances or section they denied his visa? I'm totally worried that its against the law that they are refusing H4 Visa candidate. H4 and L2 are dual intent visa!
 
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Hi

I changed all these visas here, being legal every step of the way. The refusal was under section 214(b) intention to stay here in the US.

I don't know who to contact and convince. I spoke to the senator and she says she cannot help me as I have intentions of staying here. Can't argue if they are not ready to listen.

How come your wife is going the 3rd time, I thought we only get 2 personal interview chances?

Please confirm

Thanks
 
try contacting the senator for your area, let me also know what they say, they take 5-7 days, and we have to call them everyday.

Also what can we do if they refuse again? any suggestions? If we go back, to get our spouses, they can hold us there? then what?

Will this H1 be cancelled, and somehow file another one while being in India? and then come with our spouses, i am totally confused.

Let me know your views or findings

Thanks
 
Hi,

Thanks for the response. Well, this will be her second personal interview. But, this is her 3rd attempt. Your husband got declined under section 214 (B) which mean According to Consulate website, intention to stay in US. It doesn;t make sense cuz h1 visa is dual intent visa!

It was his first time personal interview, or did they asked him to provide additonal documents under section 221 (G).

As I said before, We are on same boat. I'm really confused and worried. The problem is if you go back to India, and went for personal interview, the chances are you won't able to come to US. However, your current H1 Visa don't get cancelled, cuz its issued by State Department. However, they may not stamp your visa. In other words, you stuck in there. If you apply for H1 visa from another company, its very rare they will isssue you a visa based on your past history ( This is all my personal view)


Did you talk to your attorney?

This is really stupid that Senator is unable to help us. Didn't she know the LAW? Anyways, its hard to argue with them. Well, I will talk to senator, and let's what happens? But, I have no hope she/he will help me out!


Please let me know how many times ur husband went for visa? If they rejected or asked for additional paper under which section?


Thanks!
 
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g_m111 said:
Hi all

I came here on B2, changed to F1(before 9/11), changed to H1 recently, I sent papers for my husband to come on H4 dependent visa. He was refused (Delhi consulate) yesterday on grounds of intent to immigrate from India to the US.

I thought all those who come here on h1 get their GC processed, and stay here. Isn't the intent pretty clear for all of us.
Geeta
Click to expand...

1. Have you filed I-140 after you obtained your current H1B??

If yes, read 2 and 3 below:

2. Did your husband go the Consulate AFTER you had filed this I-140?

3. Did your husband mention in his H4 application that I-140 has been filed?


If your answer to 1 is NO,

then what reason did your husband fill out in his H4 application where it is asked " Why you want to go to US?" ( or something to this effect)
 
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Hi

My I-140 is not filed. For that qn my husband filled out- to be with my wife.

What else could we have filled for a H4.

Thanks
 
g_m111 said:
Hi

My I-140 is not filed. For that qn my husband filled out- to be with my wife.

What else could we have filled for a H4.

Thanks
Click to expand...


Should have been OK. Cant see why denied.

Has he been in the US before? Or is this his first application for any US visa?

How long have you been married?
 
GCChaahiye,,


Well, Based on my knowledge that If your I-140 is Approved you are still eligible for H4 Visa as long as your spouse has a vaild visa.

g_m111

Please let me know how many times ur husband went for visa? If they rejected or asked for additional paper under which section ?

thanks...
 
GCChaahiye said:
In case of an approved I-140, you may be right.

But if they had an I-140 pending, the consular officer KNOWS that they have applied for permanent residency, which they may want to make it harder to obtain.Now that atleast one person is in his home country, they may be trying to stop him/her there itself.

But since these guys have not applied for I-140, so the above should not be a concern.
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I disagree ... Both H and L visas allow for immigrant intent.
It should be of no concern to the officer if you have a pending 140 (as long as you truthfully said in the H form that you have an immigrant visa petition filed).

Since it allows for dual intent, they CANNOT deny your visa on that regard.
Many of my friends have gotten married after filing for 140 and then have brought their spouses here on H4 or L2 - no problems.
 
g_m111 said:
Hi

I changed all these visas here, being legal every step of the way. The refusal was under section 214(b) intention to stay here in the US.
Click to expand...
Please contact an competent attorney with the appropriate documents and the refusal letter. Since H being dual intent, I'm sure the attorney will be able to talk with the consulate and bring out a solution to this.
 
hi,

I am on F1 status and changing it to h1 effective from ( oct 1st,04) my wife is in home country and her visa was rejected twice on F2 visa( reason given was " you will not come back").Now we are thinking for applying for her h4 visa in october and I am really worrried after reading your cases that they are also denying H4 visas!!

Also I was told that I have to get my H1 visa stamped on my passport as the requirement for her to get H4. I can't do it anylonger staying in usa..I was told by my friend that I have to leave country.

Is it a good idea if I go to my home country and apply for H1 and H4 visa together on same day?

Or its better if I go to canada and get my visa stamped ( I don't know whether you can do that or you have to go to you home country only) and then send her for H4 visa in home country?

One more thing my present visa f1 is valid till july 2005. In that case do I have to get my H1 visa stamped in order for my wife to apply for h4?

Any feedback is highly appreciated based on ur experience.

Thanks you
 
you dont need H1 stamped on ur passport for ur wife to get H4, u just have to send the notice of approval, copy or original, depending on consulate.
 
ritsjain said:
Also I was told that I have to get my H1 visa stamped on my passport as the requirement for her to get H4. I can't do it anylonger staying in usa..I was told by my friend that I have to leave country.
Click to expand...
Since this is your 1st H1 stamping the above is moot. You could not do it in US even before.
Is it a good idea if I go to my home country and apply for H1 and H4 visa together on same day?
Click to expand...
I don't see any reason, on to why not?
 
H1 & H4 while LC in process

Friends,

I know there are people with serious issues here. This worries me a bit (don't know if I should be worried since I think it is trivial). I am a F1 to H1 planning to get my stamping in India. If things work out, I should be married and will apply for H4 at the same time. Now all this is about 6 to 10 months away. So I want to start my GC process and apply for LC. Will this affect my chances of getting H1 stamping or H4 for my future wife? assuming I get my LC cleared in 9months(which has happened to my friends before) and visit India after that for H1 and H4 formalities. Feedback is appreciated

Thanks ALL
 
waitin_toolong said:
you dont need H1 stamped on ur passport for ur wife to get H4, u just have to send the notice of approval, copy or original, depending on consulate.
Click to expand...

I check with lawyer and its now necessary to get my h1 stamped for visa before she can apply for h4.

And to get my h1 visa stamped I need to leave usa.

I was suggested not to apply together but rather get my h1 stamped first from my home country and then my wife later for visa after few days.

This are suggestion for my case so..

thanks..

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