nickyoung

On 10/23/2018 at 7:53 AM, SusieQQQ said:

This makes it look like the ultimate intention for your wife is CA.

So if she is on H4 rather than L then she is not coming to TX? 

This last suggestion seems somewhat at odds with what was stated above (which already seems a bit contradictory in itself, also looking at other threads by OP). As far as I know VOs make notes and the more the story changes from interview to interview the more skeptical the next VO will get.  Two denials will certainly give her a bigger burden of proof to overcome on the next interview, whatever visa that will be for. Seeing as she can’t work in (or even really get to) the US under current circumstances anyway maybe the best option is indeed to resign the job, get the H4 and then look for a new job in same city as husband. Assuming of course that husband and wife being together is the main objective.

Thank you for the reply. My wife's attorney also suggested that we can apply for L-1B individual in premium processing for her. Do you think that is a logical step to do? I don't want to risk another H-4 denial for her. If nothing works out then resignation from the current job will be the only option for us. The attorney also suggested that we could potentially go for h-4 stamping again on h-1b transfer notice, new LCA and old  employer I797 but I personally think it is risky

6 hours ago, SusieQQQ said:

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? 

 

No she was not hopping. We had a limited time to apply for H-4 since my employment ends on 28th oct and my new employer is filing for my transfer. So we went with my wife's attorney's suggestion to apply asap

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?

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. 

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. 

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.

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

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

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)

4 hours ago, SusieQQQ said:

The best way to answer is with the truth, which you and your wife know and we don’t.

Thanks for the reply. She is currently working in CA so we are thinking to tell them that she will go back to her job when she comes to USA. But will that raise concerns? Because I am not able to find the VI experiences that were given by spouse when they were on h-4 EAD

Hello,
My wife is going for interview in three days. She is working on H-4 EAD in another state and has a full time job there. I wanted to ask about the following questions and what is the best possible way to answer them

on DS 160 we have mentioned about her current employer and her address ( she lives in a different state than mine )

1) You have applied for L-1B visa recently why are you applying for H-4 now?

2) What were you doing in USA prior to this travel?

3) Why does your husband live in TX and you in CA?

4) What are your plans after going to USA

Please let me know what is the best way to answer this so that the visa process goes smoothly.

Thank you

5 hours ago, cd37 said:

If that is severence package they are giving you then its not employment. Did you actually work for those ours ? I know lot of consultants do this but its still illegal. Just my 2 cents.

So on my package it explicitly says that last day of employment is 29th oct. Also, I generated a report from equifax ( the work number ) my employment status is still active there. 

no, severance package will be one time payment followed by the last paycheck

Just now, cd37 said:

I think you cant use old 797 for any visa stamping since you are no longer employed. Ask your employer to file for premium h1b and once its approved ask your wife to go for h4 stamping with new 797.

Thank you for the reply. But if I am getting regular bi-weekly paycheck till the end of the month does that mean I am still unemployed? also the premium processing is suspended till feb mid so that is far away

Hello everyone, 
I am caught in a strange situation and need your advice in order to take the next steps.
My situation:
I was laid off by my company in August end and they have kept me on payroll til 28th oct 2018. My wife went to India for L-1b stamping but got denied. Her h-4 visa stamp is expired so in order to come back she needs the stamp. She was working in another state with H-4 EAD. I have found a new employer and they are working on my H-1B transfer right now and they plan to file it by the end of next week.

There are conflicting ideas that I have got from two separate attorneys

1. My wife's employer suggested to schedule a H-4 visa interview appointment asap and preferably before 28th oct so I can use the same I-797
2. My new employer's attorney said that I should wait for them to file for the extension and take the filing receipt, H-1b transfer petition and then send my wife for stamping along with old I-797

Based on this I wanted to know what I could do to bring my wife back. Visa transfers are taking long time and she maybe stuck in India for more than 6-8 months which I am trying to avoid.

You inputs are appreciated

Thank you