H4 Visa Denied

Z

zipper

Registered Users (C)
Hi
Need help urgently. I got married recently and my wife's H4 Visa was denied under 221g. Reply form the consulate says that i am not on H1 Visa. I applied for I485 and did not apply for EAD or AP just to be on H1 status. Is there a way to prove that i am still on H1 Status
Thank You
 
Do you have an H1 visa on your passport ?

or an H1 approval notice with unexpired I-94. show them that..also show them a copy of your company's I-9 form
(payroll) and show that you are working on H1 status.
Show your latest I-94 with H1 status ( either white or
green stub )
let us know your complete timeline in the US..entry/exits
/visas/I-94s
 
Came to US on Sep 1997 on H1
Went to India for the first time in DEC 2001 and came back in Jan2002 on H1
went to india in Feb 2002 and came back in March 2002 on H1
Went to india in Feb 2003 and came back on march 23rd 2003 on H1.

applied for I485 in Dec 2002. did not apply for EAD or Ap to be on H1 status
Thanks
 
This is my opinion.

zipper,

Based on the info from the website of Chennai consulate if a visa
is refused for 221g, it means the application was incomplete or
required further action etc...
In your case consulate wants you to prove that your are on H1.
I think a letter from your employer stating that are working for
them on H1 along with your H1 approval should be fine to prove
your H1 status.Did you talk to your attorney?

Good Luck.
Sept13
 
I agree with sept13..

your application has to be incomplete:
send these in:
1) complete copy of your passport ( all blank pages included ) showing clearly all the H1 visas.
2) current and previous H1 approval notices.
3) Latest I-94 that shows H1 status.
4) I-9 form from company that show you on H1 status on the payroll.
5) paystubs from current company and current employment letter
you will be fine...
 
Hi
Here is the list of documents submited to Chennai Consulate

1) Marriage Certificate
2) Marriage Invitation
3) Marriage Photos
4) Last Six Months Pay Stubs
5) Last Six monts bank Statements
6) Last four years w2's and tax returns
7) H1 Approval
8) Passport with valid H1 Stamp.

I applied for I485 in december. even though i did not apply for EAD or AP will this be an issue.
 
Add employment letter

Zipper,

Inlcude the letter from your employer that you are employed
based on your H1 and apply again.

Good Luck
Sept13
 
found this one as intresting. Company promised me $70K as salary and is paying that amount. what we found is on the H1 petition the salary was named as $75 could be a administrative mistake. The company is prepared to pay me $75 from now on. Am I out of status till now. Or can we back pay the salary
 
H4 on 221g

I hope you can help me with this.

I'm an H4 applicant given a 221g asking for some more documents. There are a total of 10 documents that they're asking for and I'm on the processing of completing them before going back to the embassy.

What are the chances that they will eventually deny my application even if I'll be able to complete the documents that they're asking for?
 
Hi Jaxen/others
Is the consultae obligated to tell my lawyer what they think is the problem for my wifes H4. Its been like 2 week and i donot have an answer
Thanks
 
Re: H4 on 221g

Originally posted by galahad
I hope you can help me with this.

I'm an H4 applicant given a 221g asking for some more documents. There are a total of 10 documents that they're asking for and I'm on the processing of completing them before going back to the embassy.

What are the chances that they will eventually deny my application even if I'll be able to complete the documents that they're asking for?
Click to expand...

If you provide all the documents asked for, you should get the visa.
It will also help if you can post what those 10 documents are. This will help others.
 
The last but one thread is not mine. The consulate did not ask me for any docs. They said they are reffering back to INS.
So we want to know the reason to offer more docs in support of my application
Thanks
 
HI galahad

Can u let me know the process u followed and also how u got INS certify ur docs, list of docs submitted
Thanks
 
H4 Visa

Hello
After 4 months my lawyer could sort of the misunderstanding with Chennai Consulate. It seems their investingation should as if i am working part time and we did clear the misunderstanding with the AFU unit in Chennai. They did send my wife a letter asking her to send the following doc
1) I797/I129
2) My Passport Copy
3) Her Passport
4) DD
5) DS-156
6) Photgraph
7) Return Envolope

My Question is my H1 expires on Sep03 2003. I am at the 6 year limit.

Is there a chance that Cosulate will issue her the Visa
Even if the Consulate issues a Visa will the port of entry Officer allow her into the Country

Thanks for you reply
 
There is chance that the embassy will issue her visa.
If ur wife gets a valid visa, there will be no problem at the POE - if she enters US within the date of visa expiry.

ALso, have u filed for 7 th yr extension? In case ur ur wife gets rejected - better file for 7 th yr extension, before ur current one expires. Else u cant bring ur wife on H4.
 
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