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F2 Visa After H1B denial

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  • F2 Visa After H1B denial

    Hello everyone,

    I need some advice on a very important matter. I really appreciate any help I can get and I thank in advance for your help.

    I recently graduated in May 2016(STEM Degree) and got a job that starts in a week from today(On approved OPT). I came back to India right after my graduation and got married to my girlfriend. She is an occupational therapist with a masters degree from UK and has almost 2 years of work ex in India. She is currently unemployed since Sept 2015.I want to bring her to US on F2.

    The thing is she had applied for a H1B last year and got selected in the lottery. But after a harrowing year and after a RFE she got a rejection because the company did not file her papers properly. The I797 states the reason that the company did not produce a state licence which we had no idea we were supposed to give.

    So here are my questions
    Should I declare her denied H1B while filling her DS160?
    Given the circumstances of my VISA and her past, what are the questions we can expect during her visa interview and what are the possible answers she can give?
    How good are her chances of getting an approved VISA?

  • #2
    I am sorry to be bothering everyone but anyone here wanna help me?

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    • #3
      Sorry to be bothering everyone here but can anyone provide any insights?

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      • #4
        She needs to be truthful about prior denials wherever asked. Interviewing officers have access to past adjudications, and thus, a folly in hiding a past denial, lest be accused of misrepresentation.

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        • #5
          Originally posted by daggit View Post
          She needs to be truthful about prior denials wherever asked. Interviewing officers have access to past adjudications, and thus, a folly in hiding a past denial, lest be accused of misrepresentation.
          I completely understand your point but the questions asked in DS-160 is if she has been denied a VISA which is not the case. The petition has been denied and not the visa hence the confusion. Thank you for your reply though!

          Comment


          • #6
            Originally posted by srinisid View Post
            Hello everyone,

            I need some advice on a very important matter. I really appreciate any help I can get and I thank in advance for your help.

            I recently graduated in May 2016(STEM Degree) and got a job that starts in a week from today(On approved OPT). I came back to India right after my graduation and got married to my girlfriend. She is an occupational therapist with a masters degree from UK and has almost 2 years of work ex in India. She is currently unemployed since Sept 2015.I want to bring her to US on F2.

            The thing is she had applied for a H1B last year and got selected in the lottery. But after a harrowing year and after a RFE she got a rejection because the company did not file her papers properly. The I797 states the reason that the company did not produce a state licence which we had no idea we were supposed to give.

            So here are my questions
            Should I declare her denied H1B while filling her DS160?
            Given the circumstances of my VISA and her past, what are the questions we can expect during her visa interview and what are the possible answers she can give?
            How good are her chances of getting an approved VISA?
            Be truth in everything, I file my H1b, got approved and when I got for visa stamped, it was in Administrative processing, it took 3 years than my visa got expired automatically, they blame company issue and some of my issue, I applied B1/B2 and then got approve. What I believe that just speak truth only, I believe on honesty so be good in your interview and best of luck, Believe you will get visa.

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