Need urgent help/advise!

[shmuupie123]

Hi, my brother in law was on H1 and my sister was on H4. My BIL's GC was in process and his EAD had already come, but my sister was traveling abroad (studying) when his GC was applied for so her GC couldn't be applied that time. My BIL didnt move on to EAD bec of my sister.

When my BIl lost his job, he had to move on to EAD making my sister out of status. Eventually my BIL got his job and my sister got a job too, the lawyer suggested my sister to goto India to get it stamped. She has been there for 3 months now and was waiting for her H1 approval. For some reason now, her H1 got rejected.

The question I have is how good are her chances of coming to US on a visitor's visa? Please let me know ASAP as she is really distraught and doesnt know what to do.
Thanks

[orion]

Truthfully, she is not eligible for a visitors visa since she in fact wants to immigrate. This will be clearly visible from her history of stay in US. So it will be difficult to convince the consulate of her visitor only intent and very difficult to overcome immigrant intent since she will declare in her form that her husband is a PR in US.

[shmuupie123]

Thanks for your reply, is there any other way that she can come back to US? They have lived here for 9yrs and she graduated (MBA) last year from one of the top universities here. They have a home here, built their entire life here. Can she file an appeal or contest the rejection?

Truthfully, she is not eligible for a visitors visa since she in fact wants to immigrate. This will be clearly visible from her history of stay in US. So it will be difficult to convince the consulate of her visitor only intent and very difficult to overcome immigrant intent since she will declare in her form that her husband is a PR in US.

[txh1b]

If the GC is still being processed, based on the PD, once could transfer the case to a CP and move to the home country.

They can try the H1b transfer approach to a new company if the company credentials caused a rejection and try again for the visa, which doesn't seem to be the reason.

[shmuupie123]

You mean my BIL should move to home country?

If the GC is still being processed, based on the PD, once could transfer the case to a CP and move to the home country.

They can try the H1b transfer approach to a new company if the company credentials caused a rejection and try again for the visa, which doesn't seem to be the reason.

[txh1b]

What is the goal now? To retain the GC processing or for them to be together?

[shmuupie123]

Ofcourse they want to be together, but do you think there is no way possible for them to be together here, where they have built their entire life?

What is the goal now? To retain the GC processing or for them to be together?

[smohanty]

Yes, they would like to stay together in the U.S. but then they ought to have made that goal their foremost priority when his EAD arrived.

The situation was not fully thought about and poorly handled in the first place. If the permanent residency was important to your sister she ought to have returned/postponed her stay abroad when the time came to file for her GC.

I think your b-i-l's best recourse would be to contact an immigration lawyer who might be able to check if there are any loopholes for your b-i-l to be able to apply for your sister's GC at this late stage.

Buy as it appears to me (and I'm not a lawyer) their situation seems quite hopeless because they are NOT going to get their wish living together in the US in the short-term.