H-4 visa denied. Need help

[nickyoung 0]

6 hours ago, SusieQQQ said:

You can’t tailor answers to what you think they want to hear. If the truth is not valid for the visa, there’s not much you can do about that. Of course it looks suspicious that she’s applying for a visa on a dependent/spouse basis with no intention of living with her spouse but on the face of it just as an avenue to take up a job in the US.

Was the officer correct in his assumption that she was consulate hopping? 

 

No she was not hopping. We had a limited time to apply for H-4 since my employment ends on 28th oct and my new employer is filing for my transfer. So we went with my wife's attorney's suggestion to apply asap

[SusieQQQ 11,586]

44 minutes ago, nickyoung said:

No she was not hopping. We had a limited time to apply for H-4 since my employment ends on 28th oct and my new employer is filing for my transfer. So we went with my wife's attorney's suggestion to apply asap

I don’t understand why she applied at 2 different consulates within the space of what 5 days, including a weekend so only just a couple of working days? Can you clarify?  

Certainly it’s easy to see why a VO would think she was both visa shopping and consulate hopping, applying for 2 different visa types at 2 different consulates in less than a week. 

Edited October 22, 2018 by SusieQQQ

[randomstairs 303]

The OP should've asked the *new* employer to file for the H4EAD for his wife. The attorney advised them to rush with it on his expiring H1B status, right after already trying the L1B stamping at a different consulate. I'm not an attorney but that was a terrible idea (sadly one doesn't get to pick lawyers when sponsored).

 

What's even more tragic in this case is that the H4EAD rule is not going to be revoked very soon (it probably will eventually). So the OP and his wife wasted a good opportunity to file the H4 with the new employer. 

 

What to do now? She has already stated that she intended to work in a distant location. This is not likely to go away. Best advice I, as a non-attorney, can think of is to get your new H1B application going and see if you can start the H4 with it. On the next visa stamping she will need to explain that her California job was just a temporary arrangement and that being with you is the actual intention. Best of luck!

[SusieQQQ 11,586]

On 10/22/2018 at 1:11 AM, nickyoung said:

 

VO: Where will u be staying 

Answer: San Jose california 

VO: I cannot approve ur Visa because u r not travelling to ur husband 

Answer: Ma'am I will be travelling to my husband and then eventually going to California to resume my employment on h4 ead

 

 

This makes it look like the ultimate intention for your wife is CA.

18 hours ago, nickyoung said:

obv I want my wife to liv with me. Her offer in my city was already on it's way. The only requirement hiring manager in the same company gave was get a L-1b stamped. he didn't want to give the offer on h-4 EAD. 

So if she is on H4 rather than L then she is not coming to TX? 

6 hours ago, randomstairs said:

 

 

 On the next visa stamping she will need to explain that her California job was just a temporary arrangement and that being with you is the actual intention. Best of luck!

This last suggestion seems somewhat at odds with what was stated above (which already seems a bit contradictory in itself, also looking at other threads by OP). As far as I know VOs make notes and the more the story changes from interview to interview the more skeptical the next VO will get.  Two denials will certainly give her a bigger burden of proof to overcome on the next interview, whatever visa that will be for. Seeing as she can’t work in (or even really get to) the US under current circumstances anyway maybe the best option is indeed to resign the job, get the H4 and then look for a new job in same city as husband. Assuming of course that husband and wife being together is the main objective.

[nickyoung 0]

On 10/23/2018 at 7:53 AM, SusieQQQ said:

This makes it look like the ultimate intention for your wife is CA.

So if she is on H4 rather than L then she is not coming to TX? 

This last suggestion seems somewhat at odds with what was stated above (which already seems a bit contradictory in itself, also looking at other threads by OP). As far as I know VOs make notes and the more the story changes from interview to interview the more skeptical the next VO will get.  Two denials will certainly give her a bigger burden of proof to overcome on the next interview, whatever visa that will be for. Seeing as she can’t work in (or even really get to) the US under current circumstances anyway maybe the best option is indeed to resign the job, get the H4 and then look for a new job in same city as husband. Assuming of course that husband and wife being together is the main objective.

Thank you for the reply. My wife's attorney also suggested that we can apply for L-1B individual in premium processing for her. Do you think that is a logical step to do? I don't want to risk another H-4 denial for her. If nothing works out then resignation from the current job will be the only option for us. The attorney also suggested that we could potentially go for h-4 stamping again on h-1b transfer notice, new LCA and old  employer I797 but I personally think it is risky