H1B refiling after Extension Denial

[pranks 2]

Hi, 

My H1B extension was denied back in Feb this year. I was living with my girlfriend who is a USC so we decided to get married and file an I 130 while I move back to India and wait for a decision. Now my I 130 is in progress and my employer is going to file another H1B by next week. The question is, I have not disclosed about my marriage and the I 130 to my employer or for that matter anyone yet. And they have not asked about this on any of the forms or questionnaire. I do not want to keep this a secret but at the same time do not want to disclose it to my employers unless necessary.  So does the attorney have to mention about any pending I 130 on the H1B petition? Or should I just talk about it when asked during the interview considering it gets approved?

[Unlockable 7,314]

Technically, yes you should have informed the lawyer. Because a marriage and any other ongoing petitions is asked about during the application process. We don't know if it will be asked during the interview or not but if so, then just be honest. 

 

All in all, I don't think you have much to worry about. 

[pranks 2]

Technically I should but no one ever asked me and in none of the forms I was required to mention that. Moreover, the reason I haven't disclosed it yet is because I think my employer will be a little reluctant to file the H1B if they know about the I130.

I just need to know if there is an option to declare this anywhere in the petition? 

[SusieQQQ 11,586]

1 hour ago, pranks said:

Technically I should but no one ever asked me and in none of the forms I was required to mention that. Moreover, the reason I haven't disclosed it yet is because I think my employer will be a little reluctant to file the H1B if they know about the I130.

I just need to know if there is an option to declare this anywhere in the petition? 

Don’t worry, the consulate interviewing you will pick up on the i130 having been filed (i thought all non immigrant forms had a question about petitions being filed but in any case, even if not they will find it)

 

 

[WeGuyGal 1,052]

33 minutes ago, SusieQQQ said:

Don’t worry, the consulate interviewing you will pick up on the i130 having been filed (i thought all non immigrant forms had a question about petitions being filed but in any case, even if not they will find it)

 

 

That's assuming OP goes with CP, unclear. 

 

The I130-based petition must be bonafide and not just for an immigration benefit. It might attract scrutiny following the H1b extn denial

[pranks 2]

Whats OP and CP? Honestly I am not worried about the I130 as we had been living together for almost two year before marriage. Had the lease agreement, phone plans, Several trips in the US, marriage picture with her family, support letter from family and friends, tons of pictures, her tickets to India later this year.  That should be enough, right? All we do not have is the joint bank accounts because I left after the marriage.

My worry is more related to the H1B because my employer/attorney has not asked me about the I130 . Like I said, I do not want to keep it a secret if it will cause problem but I also do not want to tell it to my employer unless they really have to declare.

[Coco8 1,042]

Why didn't you stay in the US if you married and filed? You could have received a temporary work permit to work for this employer that wants to do an H1B for you.

 

 

[pranks 2]

I had some family issues for which I had to come home. My lawyers also suggested this idea but unfortunately in those circumstances it was needed for me to come back for a few months. 

[SusieQQQ 11,586]

5 hours ago, pranks said:

I had some family issues for which I had to come home. My lawyers also suggested this idea but unfortunately in those circumstances it was needed for me to come back for a few months. 

So are you currently in India? That wasn’t entirely clear. (I had read it as implied hence my earlier answer)

in that case you will undergo CP (consular processing)

and you are the OP (original poster)

and of course your concerns are understandable about your employer scepticism if you have an i130 that you will just be using the h1b to get back and start working earlier than you could do otherwise, but if there’s no actual question about that on the forms you don’t technically need to volunteer it to them I guess. If the lawyer asks you you need to be honest though. The consulate you interview at will know that you are in the system. H1 is a dual intent visa so I guess it won’t stop them issuing the visa like it would for a strictly non-immigrant visa.

[pranks 2]

Thanks! I also spoke with my attorney who filed my I 130 and he confirmed that the only place where I need to declare about the I 130 would be the DS160 form which is not a problem for me. I am hoping that this time my H1B would fly and I can get back to my wife and our normal life sooner than next year(which is when I will get my visa through I 130).