I came to US in 2011 on F1, my husband applied for F1 in 2012 and got rejected.
We got married in Jan 2013. My husband applied for F2 in February 2013 and got rejected ( Reason: VO said reapply after she gets full time or H1)
i started working Full time in CPT from May 2013. My F1 visa got expired in May 2013, but I was in valid CPT status. My OPT started in Aug 2013. My husband applied for F2 again in Sept 2013 and got rejected again (Reason: you can reapply when your wife is on H1, VO did not ask for paychecks or bank balance).
I applied for H1 this year. I got receipted and my H1 is pending due to RFE. I am trying to get my husband to US as my dependent. He got F1 rejected once and F2 rejected twice. I have few questions at this point.
1. I am expecting my H1 to be approved sometime in July. Is it advisable for my husband to go for H4 in August after my H1 is approved? Or should he wait until Oct to go for stamping in India?
My travel F1 visa got expired in 2013, so can he go for H4 in Aug or wait until I get my H1 stamped?
2. Would there be any edge if we go for H1 and H4 stamping together in India?
Thanks,
Santhi
So sorry to hear about this. The repeat rejections are entirely based on your financial situation and very easily reversible. It is important that you have 6 biweekly or 3 monthly pay stubs generated via H-1 employment before your husband goes for H-4 stamping.
Best wishes
Dr. Sandeep Shankar, Colorado Heights University, Denver, USA. www.chu.edu; sshankar@chu.edu
Thank you for your reply. When my husband first went to F2, i was working as a Research Assistant in the University. VO viewed my paychecks and said I need to be working full time or should be on H1.
2nd time my husband went for F2, I was having full-time job with 3 pay stubs. VO said that he’s not concerned about financials but he nly needs wife to be on H1.
Second time VO officer dint want financial but probably it must be my expired travel stamping he was concerned about.
The ruling is based on financial and vocational stability which an H-1B and not F-1/CPT establishes. Although you may have demonstrated steady job on F-1, it still is considered a temporary situation. This changes when H-1B pay stubs are submitted. This is not a hostile ruling. It is actually very good.