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  • H4 after getting H1 rejection under 221g

    I received a rejection for H1 B visa under 221 g from New Delhi Consulate.

    The reason stated in the rejection letter is 'The employer is not in the position to provide the qualifying employment'

    I am planning to get H4 Visa as my wife is working on H1 B.

    Remind you that as I waited for almost 4 months for my H1 B Visa renewal in India,my employer has terminated my job in the US and also cancelled my visa with INS.

    My employer is willing to provide the Experience Letter,Termination Letter and Visa Cancellation Proof.

    I no longer intend to work with the same employer again upon arrival to US.

    One question that is bothering me is that what should i answer when the Visa Officer will ask following questions:

    1)Will you continue working when you reach back to US?
    2)What will you do after going back..?
    3)what is the purpose of your trip?

    Generally for H4,married women can say that they want to be a Homemaker or Housewife.But what should the male candidates who was previously working on H1 Visa reply for these kind of questions?

    Please provide some valuable information.

    Thanks and Regards
    Last edited by jignesh3006; 10-02-2011, 08:24 AM.

  • #2
    1)Will you continue working when you reach back to US?
    >>> If do not intend to work, then you can say that. Let the VO know that you are aware of the H4 regulations and you will not work when you are in H4 status.

    2)What will you do after going back..?
    >>> Be a dependent to the H1B holder.

    3)what is the purpose of your trip?
    >>> To join the family in U.S.

    Generally for H4,married women can say that they want to be a Homemaker or Housewife.But what should the male candidates who was previously working on H1 Visa reply for these kind of questions?
    >>> If that is the case, they should not issue a dependent visa to any male candidates. Visa is not based on gender. You are thinking too much and complicating things. Go take the H4 visa interview and it should go on well as long as you have all the required supporting documents from your wife.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks Shervin for your encouraging reply,

      I just want to cover all the bases.

      As I was denied H1 Visa,I am bit cautious.

      I was working for a American Startup Company as a full time employee(No Client or Vendor) and

      inspite of providing all the required documents mentioned in 221 g,they refused my visa.

      Thanks

      Comment


      • #4
        It could be because of the company. H4 has nothing to do with an employer and so if your spouse's documents are good, the H4 should be through. You never know on what basis they approve or reject visas.

        Originally posted by jignesh3006 View Post
        Thanks Shervin for your encouraging reply,

        I just want to cover all the bases.

        As I was denied H1 Visa,I am bit cautious.

        I was working for a American Startup Company as a full time employee(No Client or Vendor) and

        inspite of providing all the required documents mentioned in 221 g,they refused my visa.

        Thanks
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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