H4 Refused under 221(g) - princial applicant case sent to USCIS

[rpslps]

Hi

I have my H1B approved (under cap exemption) in India and stamping went successful. I had my wife and kid appeared for H4 and they issued a 221(g) and we received passport with out stamp on it. with the following

The petitioner does not appear to be either able or willing to provide qualifying employment for the principal applicant in the united states in accordance with appropriate laws and regulations.................. In accordance with united states law and department of state guidelines, action on your case has been suspended, and the I-129 petition for a non immigrant worker filed on your behalf will be returned to the united states citizenship and immigration service (USCIS)......

In this case, since I have my H1B stamping, can I still travel to US and later file H4 for my family. Please suggest. Thanks in Advance.

Does the above impact my US travel?

Best Regards

[raghvi]

Hi

I have my H1B approved (under cap exemption) in India and stamping went successful. I had my wife and kid appeared for H4 and they issued a 221(g) and we received passport with out stamp on it. with the following

The petitioner does not appear to be either able or willing to provide qualifying employment for the principal applicant in the united states in accordance with appropriate laws and regulations.................. In accordance with united states law and department of state guidelines, action on your case has been suspended, and the I-129 petition for a non immigrant worker filed on your behalf will be returned to the united states citizenship and immigration service (USCIS)......

In this case, since I have my H1B stamping, can I still travel to US and later file H4 for my family. Please suggest. Thanks in Advance.

Does the above impact my US travel?

Best Regards

It seems your own H1 petition has been sent back to USCIS for review. What happened during the H4 interview? did they ask any specific document that the employer refused to provide? If so, then you may have similar trouble in future staying with this employer.

This is my opinion not legal advice.

[rpslps]

It seems your own H1 petition has been sent back to USCIS for review. What happened during the H4 interview? did they ask any specific document that the employer refused to provide? If so, then you may have similar trouble in future staying with this employer.

This is my opinion not legal advice.

Thanks for your reply. During H4 interview my wife got gave confused answers about my work location and the VO asked to provide documents like LCA client letter and job description. We have provided the same but still we got the response as stated earlier in my post.

Now my question is can I travel to US and switch employer from there. Because I cannot switch employer from India as it would be very complciated and I need to appear for visa interview again. Please advise if I can still go ahead and enter US and then later switch company. Thanks again.

[raghvi]

Thanks for your reply. During H4 interview my wife got gave confused answers about my work location and the VO asked to provide documents like LCA client letter and job description. We have provided the same but still we got the response as stated earlier in my post.

Now my question is can I travel to US and switch employer from there. Because I cannot switch employer from India as it would be very complicated and I need to appear for visa interview again. Please advise if I can still go ahead and enter US and then later switch company. Thanks again.

If you have provided the documents dont see any reasons why they would reject.

As for travelling, if you travel on current employer's petition you have to work with that employer for some time and subsequently try for a transfer.

This is my opinion not legal advice.

[rpslps]

If you have provided the documents dont see any reasons why they would reject.

As for travelling, if you travel on current employer's petition you have to work with that employer for some time and subsequently try for a transfer.

This is my opinion not legal advice.

Thanks Raghvi. So does it mean can I make my travel arrangements for my self and then later proceed with H4 for my wife when I switch company after some time in US.