H1B query

[srikanth295]

Hi all,

i am in the usa now.I came to us in 2001 for my MBA,did my Pre MBA in one university for 3 semesters as i had only 15 years of education and since my GMAT score was just 500 i have been asked to continue my Pre MBA for one more semester.I felt spending another semester in teh same university without any assurance of my MBA admission is waste and so changed my university ,teher again since i didn't meet their requirements i have been asked to do one semester of Pre MBA and i did as they guaranteed my MBA and graduated MBA in 2004 december and started my OPT and the same company has processed my H1B and got approval(its a consultan).My wife who is india went for F2 visas thricebefore one and a half years and she got a question from the V.O as i have been in US for sometime still didn't get any job.She got rejected all the times as lack of finance and potential immigrant..Now questions are

My F1 visa is expiring on 25 december of 2005.I have got my H1b interview in the first week of december.i am going along with my wife for the interview.

1)will i be questioned about didn't have a job for four years or will my wife's rejections affect my H1b.

2)will i be questioned on my F1 which is expiring in the same month i have my visa interview.

3)Is it a good plan to go to india for h1b stamping or canada or mexico,can i go along with my wife or alone.

Any suggestion would be appreciated.

Bala

[veena_swsh]

Hi,
Given the situation of your case, it is in your best interest to go to India for stamping. You should be able to handle the questions regarding your activities/timeline in the US much better than your wife. Otherwise, it will be pretty difficult for your wife to get the H4 Visa. As far as going to Canada/Mexico for stamping is concerned, it will certainly have an adverse effect on your wife's H4 application here. Besides, if the Consulate at Canada rejects your application for some reason, then your situation becomes fairly difficult to overcome.
So, do the needful.

[srikanth295]

Hi Veena,

Thanks for your reply.I am glad about u r reply.But i would like to know if i'll have to face any problem regarding my F1 visa which expires in 2005 december say around december 25th and i have my visa appointment in the same month say december aound first week in chennai.WILL THAT HAVE ANY EFFECT ON MY VISA?

wOULD APPRECIATE IF ANY ONE CAN ALSO THRO LIGHT ON THIS MATTER.

[veena_swsh]

Hi,
It is not uncommon to find F1s converting to H1bs, so it will not be an issue, if you know how to handle it. I would like to know if your wife applied for F1 after marriage anytime. When did your wife's rejections take place?

[srikanth295]

Hi Veena,

My wife has never applied for F1,but she applied for F2.That is three times ,that after my marriage the 5th month twice and 6th month once.She got rejected all the three times and the third time as potential immigrant.Why do u ask me?any issue?

[veena_swsh]

Hi,
Sometimes the Visa officer goes by the gap between 2 applications if the previous one was rejected. The fact that your wife consequently applied 3 times for her F2 will surely prove desparartion to get into the US. However, with H1, which is a dual-intent visa, your chances are much better, because you really don't have to prove your intentions to come back. And H4s have a legal right to join their spouses in the US. So, all you need to do is to equip yourselves with the best answers to the probable questions of the Consular Officer, and the perfect documentation, the visa is all yours.