H4 rejected sec 214(b) because of old employer stamp after H1-B Transferd


I had switched job in 23 Jan 2013 and my H1-B transferred from Company A to Company B.I had got married in May then apply H4 visa for my wife that got rejected because of my H1-B visa stamped with my previous company. Consular written in page by pen “husband needs visa from current petitioner”.

please somebody could give me suggestion How can I proceed for further to get my wife h4 visa.

This was bound to happen.

She has to reapply giving correct employment status of yours i.e. new employer, New I 797 petition details.

It was a mistake on yr part not to have applied for fresh visa in india after coming here and After changing the job.

I have been saying this in this forum that it is advisable to get fresh visa stamped in India after changing the job even if lawyers in USA advise you that it is not necessary.

You can land in USA but yr wife will suffer

I still don’t think it is necessary and the officer over-stepped here. My suggestion would be to talk to your attorney and submit a response as to why new stamp is not required here.

Can you show me where it says visa stamp is required when employer is changed on H-1.

If the person is married and in India and gets H-1 stamped through A. He then travels to US and moves to B. Later wife appears for stamping through B. Does that warrant husband’s return to home country and get B’s stamp?

Please read this:

9 FAM 41.53 N8.4-3 Validity of H-1B When There is a Change of Employer
(CT:VISA-1406; 03-11-2010)
After changing H-1B employers in accordance with DHS procedures for making such a change, an H-1B visa holder may continue to use his or her original H-1B visa for entry into the United States. Upon applying for entry, the visa holder must present the new Form I-797, Notice of Action, evidencing the approval of the change of employer in addition to the visa.

Let us assume that visa officer has overstepped. But who is the sufferer?
I fully agree with you about what American law is. But if Visa officers are interpreting it differently or have different perception, we should act keeping the ground reality in mind - in our own interest.
I do not say that husband has to return to India just to get the visa stamped. But the problem is about wife’s stamping after Marriage which is in india and for which husband comes to India. I do not say that it is written anywhere that visa stamp is required after change of employer.
But in my earlier posts I had shared my views based on my personal, across the table, face to face discussions with Mumbai consulates visa officer. She was firm in stating that after changing the job visa applicants must obtain fresh stamp when they come to India as previous visa stamp carries the name of old employer which is not valid .
In yet another post a few months back I had warned that visa officer will notice the return of applicant to USA after changing the job without stamping and punish you later.This is what has happened in Deepak Vishnoi’s case.
I do not defend visa officer’s action. But my advise was based on ground reality that you and me do not have power to teach American law to visa officer in India.Going to attorney involves Time and money. In the mean time Applicant and his wife suffer the pain of separation.
All this can be avoided if applicant takes the trouble of getting fresh visa stamped . But if somebody wants to fight for his case , I shall suggest cheaper method than going to attorney, though that also can be done.

Simply write a letter to concerned Consular General explaining the case and quoting relevant American Law. Attach a print out of it - same what Saurabh has quoted .How many would care to do this is another point.
One last point. Law is one thing . Practical wisdom is another thing . In life one should use both.

Getting new visa is not easy. There is another case where the person had a valid visa stamp from old employer but decided to go for visa stamping after changing the employer. He was issued 221g w/ a laundry list of documents. He is now cursing the day he decided to appear for stamping knowing that he could have returned on the old visa stamp (even his employer/attorney suggested to use the old stamp). So he is the one suffering now, just like the poster here.

The consulates have been using the visa stamping as pretext to show who has the hammer. There is no set processing time, multiple interpretations of the same rule etc. This is another example of a blatant use of power.

My problem w/ your original post (which caused me to write those 2 posts) was use of words like “It was a mistake on yr part” and “This was bound to happen.”. There is no law that one needs to get visa stamped when changing employer. So blaming it on the applicant who followed what the law is, is not a good idea. Rather, it is time the US consulate officers get trained on how to read the law. If you are in a position where you meet them face-to-face, then may be you can point them to the official document and ask them for clarification.

Dear Saurabh,
Though I agree with you , the fact remains that Consulate has the Hammer.
I think we need to make a clear distinction in the cases. First is - when applicant comes to India after changing job and returns to USA alone.
Second case is - which is Deepak Vishnoi’s case , He comes to India to get married after changing job in USA and wants to return to USA with or without wife - [She may join later.]
My submission is that in the first case Applicant returns to USA with Impunity [ but there is a slight risk of consulate causing hassels later when he next goes for stamping]
However in the second case when Applicant’s wife needs a visa stamping
I submit that Applicant must apply for fresh stamping either alongwith his wife or separately.
If he does not do this and returns without stamping , wife will get 221 G or in worst case - rejection under 214 b.
My comments -
1- this was bound to happen
2- It was a mistake on yr part not to have applied for fresh visa–
were in relation to the case under discussion.
I do not dispute American Attorney’s views and the law quoted by you.
But all of us - You and me and applicant want only one thing- Hassel free and prompt visa granting.
I am writing what I think is the best way of getting visa considering the fact that visa officer’s decision is final . There is no chance of arguing yr case or appeal. So let us do what visa officer says.
Now let us return to first case where there is no pressure of bringing wife on H4 and applicant can return without stamping. Yes there is a risk of 221 g in this case if he goes for stamping which he can avoid.But advantage is he will get longer duration visa and after the expiry of second I797 he needs stamping.
But in 8 cases out of 10 If things are in order H1 applicant will get visa.There are norms and parameters even for issuing 221 G -which is not issued randomly or as per whim [This is my own feeling & is NOT based on discussions with visa officer]
But coming back to Deepak Vishnoi’s case, it is worth asking him whether his wife has got 221-G or has been refused under 214-B
If it is 221 G wife can still write to Concerned Consular General enclosing a print out of what you quoted.
But if She has been refused under 214-b , she has no option

On my part I offer my assistance to him free of charge if he is ready to make a representation to Consular General.
Of course option of going to Attorney exists.
Lastly I assure you that if I get a chance again of meeting Visa Officer , I shall definitely take up this issue.
I have already taken a printout of relevant section quoted by you. and kept it with me.