Want to try H4 after H1 visa still under processing

[david123]

Hi,

I used to work in USA for employer A. Came to India and went to VISA interview chennai on July 09th(first H1) visa stamping. They have given me 221g form because i was asked why I was not paid for certain period. The employer A failed to give the documents and I withdrawn the case.

Now, I found a new employer B who filed H1 and I went to visa again in November 10th Kolkata. They have not given me VISA and said that they need to verify whether the Petitioner is capable or not. THey have sent my application back to USCIS and told that it may take 2-4 months to get an answer.

In the meantime, I am getting closer to the enddate of my project and client may remove me at anytime.

I want to try for H4 in January. My Wife is in USA and she has a fulltime employment with her new employer but she doesn't have good w2's from her previous employer. Will this be a problem? Please let me know what kind of questions or problems I can face if I go to H4.

Thank you.
David.

[txh1b]

Looks like both of you had some out of status period and issues with bench without pay from your employers/previous employers. This could play an important role as you have been switching consulates and may cause a VO to dig deeper into your case as you seem to be messing around with it.

Any out of status and bench without pay will cause issues with the visa.

[david123]

I understand. But how can i defend myself.

Firsttime, My employer A is not good. The second time I opted a good employer many people have went without any problems and VO said they need to verify whether he is capable as there were 3 layers between client.

Now, Time is running up and I may lose the job. How can i defend myself. My wife is in US and got Fulltime offer...and its been almost 5 months for her.

Generally, What are the documents they will ask if I go on H4.

Thanks.

[txh1b]

Best bet is to ensure you never violate the status and complain to DOL if the employer does not pay wages on bench.

[david123]

I will certainly do that. But now, I may lose the job. So, I cannot go on H1. So, I want to try H4.

Will that be a good idea to go on H4 after the first 2 attempts for H1 failed.

How I can defend myself about the situation. I will be transparent and will tell that my previous employer is not good and has not paid me. I lost the job and now I want to go on H4 as my wife is working there.

If anyone has faced similar situation. Can you post the possible quuestions and answers?

Thanks.