H4 denied, Petition sent for review to USCIS, Changed the employer

[tyagik]

Hi All,

I am really seeking some help/advise for my situation explained below, could anyone please reply?

I am working in US. The H4 visa for my family (in India) was denied under 221g after processing for 4 months. And the petition of primary applicant (me) was sent to USCIS for review and it is still under review. I was working for a consulting company under EVC (emplyoeer-vender-client) model. And because of this the reason of rejection stats "The employer was not providing qualifying employment... "

Recently, I have changed my employer and this time it a big reputed software product based company. The new petition is approved and I have started working as fulltime employee. The questions I have in my mind are..

1. Is it okay to reapply for visa now or should I wait for some time?
2. Is it recommended that I should visit India and would go for visa stamping with my family?
3. Is it required to deposit the visa fees again? Following link says NO
https://www.immihelp.com/usa-visa-re...lication-tips/ . Is my understanding correct?

Any suggestion would really help me.. thanks.

[kabkaba]

If your new petition was approved with I-94 and if that I-94 is valid sometime in the future, your spouse or children can again apply for H4 visa. They must mention previous denial in their application but it is unlikely to affect the new application. They may be asked questions about the previous denial and about nature of your current employment.

[tyagik]

Thank you.

Yes, I got my new I-94 attached with approval and it is valid for another 3 years. I am afraid because I have heard cases on various forums that these days in India couselors even dont ask for documents and they give 221g.

Me and my family has gone through a lots of pain in last one year and I want to take each step very carefully.

Thank you for your reply.

[jack2877]

H4 pending

I am jack
I read ur experiance and I am very sad to know ur h4 petition was denine
There is very few cases like u. but u can try again I am sure u will be success.
I have que same like u. I am on H1b form last oct-2010. My family tried on h4 in feb 2011. Vo gave 221 g blue letter and mention in letter like " wait for officers decision" .After 4 month I didn't get any answer from cons. I am very confuse what will be happen. pls help me .
if possible pls give me cell no. for more discuss
my email id :- [email protected]
thanks