urgent - H4 stamping after H1 refusal 221(g)

[GunaDev]

Hi,

My H1 stamping was refused after 221(g) at the chennai consulate after wait time of 2.5 months.The letter from the consulate stated that they are sending back the docs to USCIS for review recommending revocation.
Previously I was on H4.I travelled to India and went for H1 stamping. Got refusal. Now Im planing to go for H4 stamping ASAP as I want to join my husband in the US.

1) How good is my H4 stamping case? Should my H1 be revoked before I appear for H4.
2) My husband is with the same employer who filled my H1 . He is working for the same employer since 2009. Will this have problems in my H4 stamping? or will his H1 be in trouble ?

Im stuck up in India with my kid missing his dad. So I want to get back asap. please help.

[GunaDev]

Please advice.

[raghvi]

Please advice.

1. Your H4 and H1 are unrelated and decision on H4 would be taken not merely on the basis of the H1 rejection unless of course if H1 was rejected for soem criminal/fraudulent activity on your part. With that said, I think you should go ahead and apply for the H4 without much delay if your husband has been mantianining valid H1 status an dyou have documents to prove it then you shold not have problem gettign H4.

2.In this case, it might depend on why the H1 was rejected in the first place. Was it becuase of you not being in status at some point of time, or the employer not willing to provide some key docments such as tax returns or client letter. The consulate may ask employer details again so one cant say for sure if it will impact or not. Further, if the company has been blacklisted for some reason then yes it may affect your spouse's future H1 stamping/renewal too. As I said it primarily depends upon what USCIS gave in initial RFE/221G and what documents were provided and what were not, and what could have been possibly the reason for H1 rejection in the first place.


This is my opinion not legal advice.

[GunaDev]

Hi Raghvi,

Thank you for the response.

As for the reason why the H1 was refused , I am not very clear.
This is the refusal letter I got:

The office regrets to inform you that it is unable to issue a visa to you because you have been found ineligible for a visa under the following sections of the immigration and nationality act(INA).

Section 221(g) of the act prohibits the issuance of a visa to anyone who has failed to present the documents required in connection with the visa application or who has failed to submit sufficient credible evidence to support the claimed petitionable relationship. the following remarks apply in your case

- Action in your case has been suspended under 221(g) of the US INA pending further administrative processing.The petition is being returned to USCIS for review. Upon completion of review,USCIS will contact your petitioner.

Therfore the reviewing officer has decided that the petition should be returned to the USCIS with recommendation that it be revoked.

**** **** **** **** *

But I or my husband were never out of status.
Employer had given all the requested docs. He had given the company financials too.
These were requested 1) notarised list of all employees under the petitioner with immigration status, work location,salary
2) state unemployment wage reports of all states
3) copy of petiotion with all docs submitted to USCIS
4) detailed descrition of the project , timelines, number of ppl work on,current status,budget,worksite location and marketing analysis of the final product
I was filled for an internal project.He did not have a client or contract to fund the project - could this be a potential reason?
From the list of the requested docs - are u able to guess what the issue could have been.

Please advice

[GunaDev]

please advice