H1b rejected in India . New H1b OR f2 ?

[devas]

Hi,

I've recently came down to India for my marriage and appeared for H1B visa extension at Chennai.
My H1B was refused after 221g for the reason being my employer.There was another vendor in between my employer and the client.As such I provided the client letter and vendor letter to the Consulate.And I do have all the pay stubs and tax returns with out any problem , since I worked for the same client from the day I was in US.


My Wife is on F1 and working for a company as Intern.

Now another employer is ready to file for my H1B since my end client is supporting me with all the documents.This new Employer is the prime vendor for my client.


Should I go with new Employer and appear for h1b stamping?
OR
Is it better to go for F2 stamping ?

1. If I go for F2 stamping and my Visa gets refused , then what are the chances for me in getting through H1B stamping after F2 rejection.


2. If I go with my new employer and if my visa gets refused , then what are the chances for me in getting through with F2 stamping.


Please help in this regard.
I'm waiting for your valuable inputs.

Thank you.

[shervin143]

Should I go with new Employer and appear for h1b stamping?
OR
Is it better to go for F2 stamping ?
>>> Both are valid options and the decision should be your's instead of the forum members. If yo go in F2, then you will have to file a CODS to H1B and it should get approved for you to work.

1. If I go for F2 stamping and my Visa gets refused , then what are the chances for me in getting through H1B stamping after F2 rejection.
>>> Rejection of one visa will not have much inpact onthe other although, the rejection will appear under your file and it will be analyzed more deeply by the VO.

2. If I go with my new employer and if my visa gets refused , then what are the chances for me in getting through with F2 stamping.
>>> Same as ans.2. As long as the reason for rejection is not you, you are all good. The chances of rejection of Dependent visas are less as long as the primary applicant maintains his/her valid status in U.S.