H4 Denial - Please Help.

Hello Admin

My Wife went to New Delhi Consulate on June 03,2011 for her H4 Stamping and she was denied under 214(b). 

My Situation is like below:

 

I entered US first time in June 2007 on L1B Visa & my wife entered on L2 Dependent in Aug 2007. I went India in March 2010 and last entered US in April 2010 on L1A Visa and my wife came with me on L2 Dependent. In Oct 2010, I changed my status from L1A to H1B and also my wife's status from L2 to H4. My Company is a good mid size US Based company and I work with a direct client only. She went to India in March 2011 to visit both of our parents. She wanted to come to US again and as required she went for H4 Stamping with all the required original documents at New Delhi,India on 03rd June 2011 and they rejected it saying that she is not qualified for H4. I've not stamped my H1B Visa as I have not been out of US since I entered lastly in April 2010. I'm currently on a ongoing project and can't travel to India for at least next 6 to 7 months.

I called up DOS and they say that my status is still on L1A.

Can you please advise ?

Jay.

Forums: 

Hey Jay, Sorry to hear about

Hey Jay,

Sorry to hear about that! You have to be on H1 status here. Check with your company's lawyer on this. Also I am just curious: does your wife have her L2 stamped so she can enter the U.S.?

Get your status changed and then apply for a fresh H4 visa for her.

We wish you good luck and hope you can keep us posted with what's going on at your end!

Admin

 

Dear Admin I've been on H1

Dear Admin

I've been on H1 only since last 8 months. I've been working with a good mid size organisation. What you are saying is seems to be related with updating PIMS Database.

She went all with my original docs including 797, all last 7 h1b pay stubs etc etc.

I'm just checking around with my lawyer on how to update my status in pims.

Jay.

Hi Jay I think the best would

Hi Jay

I think the best would be to talk to a lawyer. I have heard that Murthy is quite good at giving a legal advice. You may have to pay but it will be money well spent.

IMO, you can do 2 things:

1. Make sure they update your status from L1 to H1 and then reapply for you wife's H4

2. If you are still on L1 and your status will not change, ask her to come on her L2 (if not expired) or reapply for L2. If yours didn't change, hers should not have changed either. But this is layman's logic.

I have heard that you can confirm that your I797 is reflected in the PIMS database. I think you can do this by emailing the consulate that processes your visa or to the Kentucky Consular Center. Again, I am not sure how this would work but at least you will know what to ask the lawyer.

Good luck. Hope your wife gets her visa soon.

-Sushil 

 

Dear Jay, This must be so

Dear Jay,

This must be so frustrating for you! Yes please check with your lawyer. Clearly it looks like they forgot to update their databases..:( If that's the case she can still enter U.S. on her old visa (L2) but that maybe a stretch.

This is a classic example of someone's minor mistake becoming someone else's nightmare.

We wish you all the best and please continue to update us. 

Best regards,

Admin

p.s. Thanks SM (Sushil) for posting your views too..that is very very helpful!

 

Hello I 'm H1b visa holding

Hello I 'm H1b visa holding and my husband who lives in India-went to chennai for H4 visa on 06/16/2011& his visa refused under section(212)(A)(4). Because of my short of salary. & it was true that I showed low salary.But now my employer rised my  salary.Now my question is that after how long my husband has to re-apply again & how much salary I have to show? one more question? in your "document have to carry at the time of an interview" you say demand draft,what kind of demand ? for how much value for? Please let me know.    

Hi Aruna, This is really sad!

Hi Aruna,

This is really sad! I really have no experience to share in your situation. All I can think is that a person can apply for a visa again (after its rejected the first time) if there is some significant change in his case. Since there is a significant change in the salary as you have stated, I think your husband may have a chance to get his H4 approved this time! All the best for that..:) There is really no time limit here.

 

You have to pay $150 or Rs. 7050 when you apply for the H4 visa interview. To obtain a Visa Fee Receipt from HDFC Bank, please ask your husband to take a copy of his passport’s bio data page. He will get a receipt that he should carry for the interview. I sent a demand draft with someone else as there was no authorised HDFC branch in my city.

Keep us posted on what's going on at your end. Hope you get this sorted soon!

Admin

[quote=Aruna]Hello I 'm H1b visa holding and my husband who lives in India-went to chennai for H4 visa on 06/16/2011& his visa refused under section(212)(A)(4). Because of my short of salary. & it was true that I showed low salary.But now my employer rised my  salary.Now my question is that after how long my husband has to re-apply again & how much salary I have to show? one more question? in your "document have to carry at the time of an interview" you say demand draft,what kind of demand ? for how much value for? Please let me know.    [/quote]

Hi, My wife's H4B Visa has

Hi,

My wife's H4B Visa has been denied on 221(g) and asked for further documents to be dropped in the local city drop box. So I would like to know, whether Passport also need to be included within the document. Once the documents are dropped in the drop box, then how does the process take place.
 

San

Hello San, Please be patient

Hello San,

Please be patient with the process. All they need are more documents and hopefully your wife should get her visa once all the administrative processing is completed. I am quoting a paragraph from the VFS website. This will help you in getting a clearer picture of what to do next.

"Visa processing is kept on hold / pending status for various reasons, such as administrative processing, requirement of additional documents, medical tests, insufficient validity of passport, etc. If your visa processing has been kept on hold / pending status due to any of the above reasons, the Consular officer will issue you a pending letter also known as 221g letter listing the reason for the same. 

U.S. Embassy and other Consulates use specific colour coding to indicate the type of 221g and based on the colour coding of the letter issued to the applicant different set of instructions are provided to be followed by the applicants for further processing of visa application.

On receipt of the 221g letter at the time of interview at U.S. Embassy or any of the U.S. Consulates in India applicant can submit their required documents and passport at any of the VFS U.S. Visa Application Centers by paying a service charge of Rs.180/- inclusive of service tax @10% and education cess @0.30% per applicant.

Documents required for submission to VFS

  1. Original 221 (G) letter
  2. Original passport and photocopy
  3. DS 160 confirmation code (if applicable)
  4. All required documents suggested by the U.s. Embassy/U.S. Consulates.
  5. VFS courier envelope received along with your 221 g letter (if applicable)

If you were scheduled at the U.S Embassy New Delhi then you require the following documents in addition to the above for 221g submission: 

  1. HDFC Bank fee receipt (Original and photocopy)
  2. An authority letter from you in case a representative is visiting the VFS centre for submission of your documents."

Good luck! Be patient!It would be great if you can keep us posted on what's going on at your end. Please let me know if you need any other help.

Admin

[quote=Anonymous]Hi,

My wife's H4B Visa has been denied on 221(g) and asked for further documents to be dropped in the local city drop box. So I would like to know, whether Passport also need to be included within the document. Once the documents are dropped in the drop box, then how does the process take place.
 

San[/quote]

Dear Admin I'm applying for

Dear Admin

I'm applying for H4 visa as my husband is on H1B. We got married on November 2011.He had been to USA on january 2011 and in march 2011 his visa got expired.Then he applied for visa extension and got approval notice on june 2011.But he is not done with stamping.Does this affect in my H4 visa interview? He got the visa approval, but not the stamping.

 

Kindly reply.

Hi Manasa, I do not think

Hi Manasa,

I do not think this will affect your H4 visa interview.

When are you planning to go for your interview?

Good luck!

Admin

IANAL

 

 

[quote=Manasa]Dear Admin

I'm applying for H4 visa as my husband is on H1B. We got married on November 2011.He had been to USA on january 2011 and in march 2011 his visa got expired.Then he applied for visa extension and got approval notice on june 2011.But he is not done with stamping.Does this affect in my H4 visa interview? He got the visa approval, but not the stamping.

 

Kindly reply.[/quote]

Hi I’m a H1b visa holder

Hi

I’m a H1b visa holder working in USA.

Now my husband from India went to an interview to Chennai consulate on 06/16/2011,but his visa has refused under section (212)(A)(4) with the reason of my”short of salary”. & it was true ,my salary was low(around $22000 for part time job) .But after this incident my employer rised my salary ($52000 for full time job).

  1. Now he is going to re-apply from Delhi.(Because transportation for Delhi is easer than Chennai.Is it okay?
  2. May he re-apply from Delhi or he has to re-apply from same center only?
  3. 1 more question does he need any additional sponsorship?As I think if he get his H4 visa,it should be on the base of my pay & employer’s business strenght,any other sponsorship doesn’t work over there.

Please if you assist me in this matter,it will be really helpful to me.

Thanks,

Aruna

Hello Aruna, Yes your husband

Hello Aruna,

Yes your husband should re-apply as there is a significant change in the circumstances (salary) that resulted in H4 denial last time.

No other sponsorshilp works Aruna. Dependent spouse and children of H1 visa holders are granted H4 visas.

Each consulate has a jurisdiction. The residents of states falling in the jurisdiction of a Consulate must apply there. Read this thread on Consulate selection for more information. I have also created a seperate forum on How to Select a Consulate for the H4 visa interview?

We wish you all the best!

Let us know if you need any more help!

Thank you,

Admin

IANAL

[quote=Aruna]Hi

I’m a H1b visa holder working in USA.Now my husband from India went to an interview to Chennai consulate on 06/16/2011,but his visa has refused under section (212)(A)(4) with the reason of my”short of salary”. & it was true ,my salary was low(around $22000 for part time job) .But after this incident my employer rised my salary ($52000 for full time job). Now he is going to re-apply from Delhi.(Because transportation for Delhi is easer than Chennai.Is it okay? May he re-apply from Delhi or he has to re-apply from same center only?1 more question does he need any additional sponsorship?As I think if he get his H4 visa,it should be on the base of my pay & employer’s business strenght,any other sponsorship doesn’t work over there.Please if you assist me in this matter,it will be really helpful to me.

Thanks[/quote]

Hi Team,

Hi Team,

 

My wife H1 got refused on 28 Nov 2011, now i am sending her on H4 visa on 20th Jan, does H1 rejection impact H4 visa?

Also i want to know if she need to carry my Original I797 or just copy of I797 is sufficient?

 

Kishore

Hello Kishore,

Hello Kishore,

It should not affect the H4 visa interview. She should be confident and demonstrate understanding of what the H4 visa is about (not working is one). 

If it's possible for you to give her the original that should be great otherwise people take copies as well.

Tell us how is goes. Good luck!

Admin

IANAL

 

Hello,

Hello,

      My spose is going to attend for H4 PA on jan 31st 2011 at hyderabad. Unfortunately she is not comfortable with english and when my emloyer has booked PA date through BEP login they are not able to select local langauge as telugu.

     Now I am more worrying on how she will face the interview. Could you please guide/suggest me on how to get translator at the time of interview?

     Thanks in advance.

Regards,

VSR

 

 

 

 

  

Hello VSR,

Hello VSR,

Since the interview is less than two weeks away, your best bet would be contact VFS directly. The All India helpline is 0120—6611411

For the Hyderabad Consular District email them at: infoushyderabad@vfshelpline.com 

Please be kind and share what you find out so that others may learn from your experience.

Good luck with your wife's H4 visa interview.

Thank you,

Admin

IANAL

Hi,

Hi,

My fiancee is on H1B. We intend to get married this march. My concern is that i have been refused F1 visa twice. I was not given any specific reasons for the denial, just the 214(b) letter. What are my chances of getting a H4 visa?? Will the denial of F1 visa twice affect my chances of getting a H4?? What possibly can the Visa Officer ask me and how should my preparation be??

Thank you.

Hello,

Hello,

I was married during my F1 VISA staus and my wife came to US on F2 which was valid till AUG 2011. I then applied for H1 B while my wife is in US which got approved on DEC 2010. I am not aware that I need to apply H4 along with my H1 B. Neither my employer nor the filing Attorney didnt let us know that we need to apply both H1 and H4 together. After 7 months on July 2011 as soon as I realised that we need to apply for H4, I did requested my employer to apply and they did filed for her H4. Recently after 6 months we got denail stating that she was out of status from DEC 2010 to JUL 2011 and she need to leave the country. I after consulting couple of people sent her to INDIA to days back.

Given the situation,

1. Will she have any problem while attending H4 at the counselate.

2. Will be subject to any bar (3 Yr or 10 Yr) by the counselate.

3. We are from AP but I am planning to send her to Chennai as she has some counsins there.. will there be any Issues

Please help me out !!

Thanks in advance.

Regards,

GSK

Hi Guys,

Hi Guys,

My Wife is set for H4 interview in next 10 days. I have a question on my LCA. My LCA states that the place I work is named as my employer location, however I work at the client place. It was never changed. My employer location and my client location are 7 miles apart. Both belong to the same state. Will she have any Issue when asked for client location??

Do I need to request to change the LCA before her Interview?? What she need to say when asked for client location.

 

Please Advice!! Thanks in Advance.

 

Regards,

GSK.

 

Hi GSK,

Hi GSK,

Please talk to your company lawyer about this. I know he has not been proactive in your case (not filing for your wife's H4 visa was a mistake in the first place).

It is not unusual for people to have a different employer and client location.Anyways, your wife should say what's on the LCA which is the employer location and clarify about the client location if prodded further.  That said, once again, please confirm with your lawyer. 

Please keep us updated on progress at your end. Hope you can get this sorted soon and come back with good news. We wish you all the best!

Admin

IANAL

I have h4 interview on march

I have h4 interview on march 13th 2012.my husband has his h1 petition approved and no visa stamp in his passport since he is in US.i have all other documents except his client letter or letter USCIS

So am worried about it.VFS at Hyderabad requires submission of the above two documents along with others.so will this affect my visa.kindly reply plz

So wat documents do I need to

So wat documents do I need to carry? Am really tensed after reading many 221g cases in h4. Do I need to carry client letter or letter to USCIS to interview , since I don't have them?

[quote=Suresh]I don't think you have to submit client letter or uscis letter, my wife was also in similar case and she got her h4 approval with out any documents except approved i797

Suresh[/quote]

When did ur wife go for an

When did ur wife go for an interview and after how long did she get her passport

[quote=Suresh]I don't think you have to submit client letter or uscis letter, my wife was also in similar case and she got her h4 approval with out any documents except approved i797

Suresh[/quote]

Hi My wife carried below

Hi,

My wife carried below documents

  1. Appointment confirmation letter along with DS-160 confirmation
  2. My paychecks for last 4 months
  3. Original I-797 approval of mine along with I129
  4. Marriage certificate along with wedding invitation and few photos
  5. My passport copy
  6. Tax Returns for last 2 years
  7. Address proof on my name

But VO did not see any documents and did not ask any questions other thanbelow

  • Q1: When did you get married?
  • Q2: Arranged marriage or Love marriage?

Hope it helpsSuresh

Hi,

Hi,

I am almost in the same situation as urs. My wife is in India and will appear for H4 stamping and I am in US on H1. I am finding it difficult to get my client letter. If my wife doesnt carry the client letter with her during stamping, will it affect stamping by any chance?

Please let me know your experience as I understand that you had recently been to India for H4 stamping. My wife will be going to Chennai Consulate.

Thanks and Regards,
Saravanan

Hi 

Hi 

 

I appeared for h4 interiew at hyderabad consulate, was given 221g.Later got a call from consulate asking for client letter.So my husband asked his client for client letter, but client refused to do so, unless they get a written proof from consulate asking for client letter.Instead of that we got vendor  letter  stating the above.So we submitted vendor letter.So far my case is under processing.It would be better to have all the documents in hand.VO may ask for client letter or not, it depends.

 

 

[quote=Saravanan]Hi,

I am almost in the same situation as urs. My wife is in India and will appear for H4 stamping and I am in US on H1. I am finding it difficult to get my client letter. If my wife doesnt carry the client letter with her during stamping, will it affect stamping by any chance?

Please let me know your experience as I understand that you had recently been to India for H4 stamping. My wife will be going to Chennai Consulate.

Thanks and Regards,
Saravanan[/quote]

Hi,

Hi,

I am also in same situation, My wife attend the visa interview on June 28, 2012 and got 221g at Mumbai consulate. VO asked to come with a emplyment verification letter after Oct 1,2012 (cause my H1 is starting from Oct 1).

Questions:

  1. Where did you submit the Vendor letter (VFS / Consulate) ?
  2. When did you submit the letter (I just wanna know how much time is generally requierd for addmin process)

Thank you.

 

 

 

Hi sunny,

 

I attended at hyderabad consulate on march 13th 2012.During the interview, VO gave me 221g white form asking for w2's and tax returns.I submitted them on 26th march.Later on June 20th i got a call from consulate asking for client letter, previous petition LCA.Since it was just a call from consulate, client refused to provide client letter.So got a vendor letter stating that client needs  written proof asking for client letter, and they will provide it.

 

We submitted the client letter to VFS by email on 27th June 27th, 2012

 

Thanks

 

 

 

[quote=sunnyjain]Hi,

I am also in same situation, My wife attend the visa interview on June 28, 2012 and got 221g at Mumbai consulate. VO asked to come with a emplyment verification letter after Oct 1,2012 (cause my H1 is starting from Oct 1).

Questions:

  1. Where did you submit the Vendor letter (VFS / Consulate) ?
  2. When did you submit the letter (I just wanna know how much time is generally requierd for addmin process)

Thank you.

 [/quote]

Hi,

Hi,

I am almost in the same situation as urs. My wife is in India and will appear for H4 stamping and I am in US on H1. I am finding it difficult to get my client letter. If my wife doesnt carry the client letter with her during stamping, will it affect stamping by any chance?

Please let me know your experience as I understand that you had recently been to India for H4 stamping. My wife will be going to Chennai Consulate.

Thanks and Regards,
Saravanan

Dear Admin,

Dear Admin,

 
 
I have recently(01-Mar-2012) attended the H4 visa interview in the Chennai US
consulate and received the visa stamped passport yesterday.
 
My visa contains a different petition number than my spouse's H1B petition
number,is it normal?I am going to travel on this Saturday(10-Mar-2012) to
with my spouse,please clarify on this.What is the risk associated with this?
 

Hi guys,

Hi guys,

For people who forgot to file H4 along with H1 while they are in US and got their H4 visa rejected.. I want to advice that as soon as you get the denial notice, without hesitation go back to the home country immediately and can get visa stamped in home country and can come back.

This is what exactly happened to me.. nobody reminded me that H4 should be applied with H1 while the spouse is in US and ofcourse it is our/employer duty to check on this.. but by God's grace my wife she got her VISA stamped as soon as she went back to the home country.

In future, if some body has questions on this.. Please post it here and I will definitely reply to them.. I know how pain it will be and I have been in this phase for about a month.. I wish no body should suffer like this..

Special Thanks for this Forum and the people here.

 

Regards,

GSK

 

 

 

Hello GSK,

Hello GSK,

This is great news! Thank you so much for posting and sharing your experience. So many people seem to be asking this question. It is human to forget to file for H4 visa extension but you are right, people should not overstay at all and must leave the country immediately.

I am very happy that it worked out for you and your wife. What questions were asked during the interview?

There is a separate forum on H4 visa Extension and I wonder if you can repost your contribution there : H4 visa Extension Questions

Thank for for the kind remarks! It's really the contributions of people like you that this platform is being used by so many people.

Best,

Admin

IANAL

Can u pls tell me what all

Can u pls tell me what all questions were asked...I am in the same boat... Does VO asked anything related to over stay etc

[quote=Administrator]Hello GSK,

This is great news! Thank you so much for posting and sharing your experience. So many people seem to be asking this question. It is human to forget to file for H4 visa extension but you are right, people should not overstay at all and must leave the country immediately.

I am very happy that it worked out for you and your wife. What questions were asked during the interview?

There is a separate forum on H4 visa Extension and I wonder if you can repost your contribution there : H4 visa Extension Questions

Thank for for the kind remarks! It's really the contributions of people like you that this platform is being used by so many people.

Best,

Admin

IANAL[/quote]

Thanks Admin. I will re-post

Thanks Admin. I will re-post the discussion on the mentioned Forum.

By the Way.. Interview was very simple.. Even though we mentioned in the DS 160 Form that we over stayed after the validity without knowing... the Visa Officer didnt even raised this at all.. All they checked is my Paystubs, W2 and Job Offer letter. I exactly wrote these lines in DS160:

"My H4 EXTENSION GOT DENIED ON FEB 6 2012 AS I WAS OUT OF STATUS AT THE TIME WHEN MY APPLICATION WAS FILED. AS SOON AS I GOT THE DENIAL NOTICE, I LEFT THE COUNTRY IMMEDIATELY ON FEB 17 2012 IN ORDER NOT TO VIOLATE IMMIGRATION LAWS "

Finally it went cool and she is safely back to US.. Even at the Port of entry she was not asked a single question.. her I-94 was stamped till the date I have valid I-797.

Hope this helps!!

Thanks,

GSK.

 

 

 

 

Thank you GSK.

Thank you GSK.

Isn't it a great feeling when everything works out well? I must say your did good by taking all the right actions at the right time.

Thank you so much for sharing your story. I wish you and your wife all the best.

Admin

IANAL

 

 
Hello,
I need your help! Actually my boyfriend is working in US with a H1B visa and I tried to get twice a B2 visa on my own (in the French consulate) to spend some time there (to stay only 6 months) but it was denied twice under the 214b. So I was wondering if we get married, is there a chance my H4 visa gets also denied? If my file is complete and if I bring all the paperworks needed, is there still a chance for me to be rejected?
Please let me know what you are thinking about my situation.
Thank you,

I am in USA on H1B and my

I am in USA on H1B and my wife is in India and she applied for H4 dependent VISA. In the VISA interview consulate told my wife that your VISA will be disapproved however they have kept her passport. I am confused because if the consulate mentioned its rejected then why they have kept her passport? Does that means they will grant her VISA ?

 

 

Hi Rahul,

 

Hi Rahul,I am not too sure what happened! This in indeed puzzling and they usually keep the passport for stamping. I wonder what made her think they had disapproved it? What did the Consular say before that? What questions were asked during the interview?Why don't you call the VFS call center and see what's going on? And please do share that with us as well. Hope you get this sorted quickly and your wife gets her H4 visa soon.Thank you,AdminIANAL

I got 221g white form for h4

I got 221g white form for h4 at Hyderabad , I am tying o track case status online, but it shows case number not identified.submitted additional docs to vfs and my passport is ith me, vfs website shows that my passport under process at consulate.Mailed VFS regarding this 2 times, but no reply from them.Attended interview on march 13th 2012.Is there any other way to track my case status ?waiting or a reply.

Thanks

Pages

Add new comment

Filtered HTML

  • Web page addresses and e-mail addresses turn into links automatically.
  • Allowed HTML tags: <a> <em> <strong> <cite> <blockquote> <code> <ul> <ol> <li> <dl> <dt> <dd>
  • Lines and paragraphs break automatically.

Plain text

  • No HTML tags allowed.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.