H-4 visa denied. Need help

[nickyoung 0]

Me and my wife's luck has been terrible. My wife's L-1B was denied on 17th Oct stating L-1 blanket is a very narrow field and her visa was filed on wrong category. My wife holds a H-4 EAD and wanted to come back using H-4 visa.

 

VO: I see u have applied for l1b when was that 

Answer: Yes, oct 17 , 2018

VO: I see it was in Chennai so u r hopping consulates 

VO: Where does ur husband work

Answer: xxx, Austin, Tx 

VO: Where will u be staying 

Answer: San Jose california 

VO: I cannot approve ur Visa because u r not travelling to ur husband 

Answer: Ma'am I will be travelling to my husband and then eventually going to California to resume my employment on h4 ead

On this note 

VO said: So u r changing ur story now and she went in and got 214-B document. 

 

Please suggest what I could do to bring my wife back to USA. She is still employed with the same employer on full time basis and is trying to work out an arrangement to allow her to work remotely till they

figure out something

 

(She does have a B-1/B-2 visa valid till 2022 can that be used to bring her in?  I understand, she will not be able to work with it though)

 

Edited October 22, 2018 by nickyoung

[milimelo 4,167]

Nothing to do. She won’t be coming back until she has appropriate visa. 

[nickyoung 0]

Just now, milimelo said:

Nothing to do. She won’t be coming back until she has appropriate visa. 

I understand that. But can you suggest what we could have answered to them to make the situation better? I don't know if quitting the job and applying for H-4 visa to travel to me is a better decision as it dosen't make sense

[SusieQQQ 11,584]

4 hours ago, nickyoung said:

I understand that. But can you suggest what we could have answered to them to make the situation better? I don't know if quitting the job and applying for H-4 visa to travel to me is a better decision as it dosen't make sense

You can’t tailor answers to what you think they want to hear. If the truth is not valid for the visa, there’s not much you can do about that. Of course it looks suspicious that she’s applying for a visa on a dependent/spouse basis with no intention of living with her spouse but on the face of it just as an avenue to take up a job in the US.

Was the officer correct in his assumption that she was consulate hopping? 

 

Edited October 22, 2018 by SusieQQQ

[Boiler 43,400]

There are at least 2 sets of Lawyers involved, one for your H1b and one for her L1.

 

What do they say?

[Unlockable 7,306]

I agree with @SusieQQQ. 

 

OP seem more focused on finding out how to give answers the counselor wants to hear instead of the truth. His wife did the right thing by telling the truth. There is no "should we have said" when the truth is already told. It is just unfortunate that his situation did not convince the CO that his wife was eligible for that visa.

 

The "hopping consulates" remark does make it sound like the CO had suspicions.

[SusieQQQ 11,584]

5 hours ago, nickyoung said:

 I don't know if quitting the job and applying for H-4 visa to travel to me is a better decision as it dosen't make sense

By the way, why doesn’t this make sense? You don’t want your wife living with you? This sentence just seems to underscore the VO’s sceptical attitude to be honest.

[WeGuyGal 1,052]

1 hour ago, SusieQQQ said:

By the way, why doesn’t this make sense? You don’t want your wife living with you? This sentence just seems to underscore the VO’s sceptical attitude to be honest.

Seems as if they're more interested in the wife working, the L1 could be part of a plan to secure an upgradable EB1 petition if the current i140 is linked to a EB2/3.  Very common tactic among Indian nationals of late. 

 

If true, applicant lost credibility with visa shopping and consulate hopping. Rightfully denied if so. 

[Boiler 43,400]

I am sort of assuming she did a year in the US on the H4 with this employer and was using that top get a L.

[SusieQQQ 11,584]

1 hour ago, WeGuyGal said:

Seems as if they're more interested in the wife working, the L1 could be part of a plan to secure an upgradable EB1 petition if the current i140 is linked to a EB2/3.  Very common tactic among Indian nationals of late. 

 

If true, applicant lost credibility with visa shopping and consulate hopping. Rightfully denied if so. 

I didn’t realize at first that the L application was just a few days before the H, no wonder that raised red flags doing it at a different consulate. 

[nickyoung 0]

Her employer agreed to do L-1B for her since she is working with them for more than 3 years now. 2 years in Singapore and 1 year in USA. Due to uncertainty of H-4 EAD we planned to go that route. She was not hopping consulates rather her attorney suggested to get H-4 ASAP as i am in middle of changing jobs and my last day at work is 28th oct. My new employer is filing for transfer and according to them I could use the transfer receipt and send her for stamping. But I do not know how this will work out.

 

It looks like to me that as soon as she saw L-1 reject she decided not to give H-4 to her.

So, what should I do now?  I don't want to risk another H-4 rejection for her. Should we wait for sometime for her to apply for h-4 again? Also if she does should se resign from her job? because we told the truth to the office and included the same on Ds-160

[nickyoung 0]

3 hours ago, Boiler said:

I am sort of assuming she did a year in the US on the H4 with this employer and was using that top get a L.

No, She was working in singapore for 2 years.

[nickyoung 0]

4 hours ago, WeGuyGal said:

Seems as if they're more interested in the wife working, the L1 could be part of a plan to secure an upgradable EB1 petition if the current i140 is linked to a EB2/3.  Very common tactic among Indian nationals of late. 

 

If true, applicant lost credibility with visa shopping and consulate hopping. Rightfully denied if so. 

No, we didn't care about EB1 or anything. Due to uncertainty of H-4 EAD her company decided to offer L-1b blanket. 

[nickyoung 0]

6 hours ago, SusieQQQ said:

By the way, why doesn’t this make sense? You don’t want your wife living with you? This sentence just seems to underscore the VO’s sceptical attitude to be honest.

obv I want my wife to liv with me. Her offer in my city was already on it's way. The only requirement hiring manager in the same company gave was get a L-1b stamped. he didn't want to give the offer on h-4 EAD. 

[nickyoung 0]

6 hours ago, NuestraUnion said:

I agree with @SusieQQQ. 

 

OP seem more focused on finding out how to give answers the counselor wants to hear instead of the truth. His wife did the right thing by telling the truth. There is no "should we have said" when the truth is already told. It is just unfortunate that his situation did not convince the CO that his wife was eligible for that visa.

 

The "hopping consulates" remark does make it sound like the CO had suspicions.

that's correct. How to deal with this situation now? we admitted the truth to them. should I wait for sometime now?