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Thread: Bring husband on H-4 from India

  1. #1
    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.

  2. #2
    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.

  3. #3
    Which petition file is in process? It is unclear from the information that you have provided.

  4. #4
    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.

    Please reply we are in big trouble.

  5. #5
    Guest
    ... I am confused, isn't H4 for the spouses of H1? .. and you are on F1 ?

  6. #6
    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.

  7. #7
    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.
    it was like that when i found it... honest!

  8. #8
    Thanks Sosueme

    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 ?

  9. #9
    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.
    it was like that when i found it... honest!

  10. #10
    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.

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