Seperated from my family

J

Jim1000

Registered Users (C)
I came to US on F1 visa last year in January. The councellor officers at New Delhi embassy denied visas to my wife and son three times on the basis of section 214b. Now I have joined a company and they want to apply for my H1. I want to know, once my H1 gets approved can my wife and son get H4 visas or still they can be denied.
I appreciate any help on this matter.
 
No Title

It\'s quite possible that the consulate will reject your family again even though you will have H1 status. My family have been rejected twice for H4 visas. The consular did not even review any of our legal documents and insisted that I should go back to apply for them. I do not know what his real intent is, maybe to reject me too. It\'s all up to the consular. Your family may be lucky to get H4 next time. It seems there are some good Indian lawers out there who might give you some advice. I\'m not from India, the consular in my country was not nice at all. People said that they rejected our families\' H4 visas is a violation of Human rights. But who could help us? If you have a lot of money, a lawyer might be able to get them here while many other need not to pay a lawyer to get their families here becasue our requsets are all legal. But what can you do? Please keep us post if you figure out whether you can bring your family here on H4.
 
No Title

Thanks for the information. Really the Consulate people are ridiculous they have no fixed norms and it is all a matter of luck. Can you give me some more information about the lawyers, are they in India or in US. I am still on F1 and waiting for my H1 approval. I may also face similar situation as you. Do you have any other suggestions for me.
This will be my last try, then I will apply for immigration to Canada.
Best of luck.
 
No Title

Hiring a lawyer may only get you legal guidance on how to prepare for the interview, but the ultimate buck always lies with the consular. Your best bet is still to apply at the same CP. Since you have moved from F1-->H1, you probably have single entry. I would recommend that for multiple entry you go back to your country. If you go to a third country, it doesn\'t give a good picture to the consular. Second, try and set up an appointment for your family\'s interview such that you are able to file the documents in advance (usually after 3 rejects, you have to follow this route). This gives you an oppurtunity to get things in writing for their review. Get legal guidance on writing the cover letter.
Review all the questions that have been asked in previous interviews, and make sure that you correspond exactly what you said earlier. They usually take notes during interviewing and like to cross check.
Carry all the documents relating to your H1 (very important).
Just my 2cents. Good Luck.
 
No Title

Thanks a lot for all the information. I do not have H1 visa stamp. Will it be possible for my family to obtain their H4 visas without me having a stamp. I will send all the papers to them.
Appreciate any reply.
 
No Title

I don\'t know if they can get H4 without you having the H1 visa stamp, but under the circumstances it is highly unlikely.
 
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