I am here on F-1 visa and my husband get rejected for F-1,F-2 ,and B-1 visas due to his petition file is in process. My husband is living in India. so, what are chances for him to get H-4 visa after these many rejection and running processing petition file? should we stop that immigration file which is main reason for his rejections before applying for H-4 for him.
My husband's U.S. Immigration file is in process, which was filed by his U.S. citizen elder brother in year of 2000. So, that's why U.S. embassy from India rejected his all visa application.
I am right on F-1. I am applying for H-1 within a month . So from october i will be on H-1. After that my husband will apply on H-4. but due to his immigration file we are scare that might they can reject him even on H-4. so, it is better to close the file or not or is there any regulation that no matter they have to issue his visa on H-4.
When you apply for the H1 you can also apply for your husband's H4 but you may first want to see where the brother's petition stands as far as processing. Since the H4 will be for a limited time based on your H1, and the brother's sponsorship as a citizen will not have a limit and is already in process, it might be faster to let that petition go forward.
I will for both H-1 and H-4 at a same time. That immigration file takes quite long. Because his brother filed in year of 2000 and currently they are processing 1993 year files. so, it takes very long. i am confused that what we should do ? can he get H-4 visa or not ?
His brother must withdraw his petition, explaining why on the letter or form, if there is one. You should get a copy of this from the brother and attach it to your H4 application, as well as a copy of any response the brother receives from USCIS. If the brother is not cooperative, you should explain all this in a letter attached to your application.
No, that petition should not be withdrawn. From whatever you have mentioned in the above posts, I understand that your husband's brother filed an immigrant petition for your husband as the brother of a US citizen. Since it has been filed just in the year 2000, I think you can forget about it for another 5 years or so.
The consulate people rejected his earlier F-1, B-2 and F-2 because all these are non-immigrant visas that require non-immigrant intent. Since an immigration petition is pending in the US, it is obvious that getting B-1 etc. would be next to impossible.
I think H-4 can be tried because it is a dependant visa and since principal H-1 does not require immigrant intent i.e. H-1B can have dual intent of looking for permanent residence opportunities in the US, I don't think the pendency of immigrant petition should affect H-4 stamping.
However, I suggest you consult an immigration attorney. You can also check visapro.com which has attorney consultation facility and I have heard that their attorneys are good. They are popular because their charges are quite competitive... just 25 bucks.
I checked visapro.com website. you mean i should post the same question to immigratin attorny that does this file will create any problem for H-4 or not ? Please advise me anything what are other options beacuse i am not that much familiar with all this matters.
if US Citizen brother filed in 2000 ...its a looooooooooooooooooong way to go coz this is 4th category in immigration preference .... it will probably take another 10 yrs minimum for any visa numbers to be available for your husband in india .... ur best bet is H4 that u can get just like visitor visa in one day...good luck...Pasha
Posts: 3164 | Location: USA | Registered: 08-30-2003
We definately go for H-4 but my concern is that my husband's immigration file might be obstacle for his visa application for H-4. so should we stop that immigration file or let it continue if it doesnt create problem further for H-4. Beacuse might be u know that they r very picky to issue visa for specially Patels.
The H-1 allows dual (immigrant) intent, which is probably the reason the other (nonimmigrant) visas were denied. Unless there's some other problem (overstayed a U.S. visa, criminal record, for example), the petition shouldn't be an issue in getting the H-4.
Your real issue is getting the H-1 in the first place. Given the lower limit, you're going to have a lot of competition.
If you don't have a sponsor, and don't find one quickly, you may well find yourself without an H1-B. The 20,000 extra for this fiscal year (for graduate degree holders from U.S. universities) starts to fill in March and is expected to be exhausted quickly. The filing for the 65000 H1-Bs for fiscal 2005=2006 is also likely to top out quickly.
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