H1B rejected-applying for H4

[ravikiran37]

Hi all,
One of my friend got H1B rejected and asked to go back to India. They said that she can do it from India but her company is under background checks.

Is it better for her to apply for H4 ( her husband has valid H1B) instead of H1?

Will it create any problem during interview? Will interviewer asks why applying H4?

Please share your answers and experiences so that I can help my friend.


Thanks in advance
Ravi

[shervin143]

There shouldn't be any issues. She can apply for H4 as long as her husband is in valid H1B status.

[ravikiran37]

hi shervin143,
Thanks for your response.

1.Will Interviewer question her why she is using h4 , ONLY because her H1 got rejected? What answer should we provide at that time?

2.If they ask her if she has any plans to work or what about her existing job @ US what answer should be best.

Thanks again
Ravi

[shervin143]

1.Will Interviewer question her why she is using h4 , ONLY because her H1 got rejected? What answer should we provide at that time?
>>> There will no such question. Just because the H1B petition is rejected, it doesn't mean that she cannot apply for any other visa.

2.If they ask her if she has any plans to work or what about her existing job @ US what answer should be best.
>>> She cannot work when she is in H4 status. There is no existing job when she enters U.S in H4.

[ravikiran37]

hi shervin143,
Thanks for the information.

Thanks
Ravi