We at Murthy Immigration Services Private Ltd (MISPL) are pleased to report that we recently helped a client overcome an improper refusal of an H-4 visa at a U.S. consular post in India. The visa issuance allowed the visa applicant to reunite with family in the United States.
MISPL never reveals the identity of any client or specifics of any case without the written consent from our clients. We appreciate the willingness of our clients to share their story for the benefit of other applicants who may be in similar circumstances. Information about clients is kept strictly confidential and is never shared without their explicit permission.
Background
The principal H1-B applicant travelled to the U.S. on a B2 visa for the purpose of taking a short vacation. During this trip, his prospective employer/petitioner filed a I-129 petition along with a request for change of status from B2 to H1-B. This petition was approved along with the requested change of status and the principal applicant commenced his employment in the U.S., where he continues to maintain his H1-B status.
His spouse in India applied for an H-4 visa at a U.S. consular post in India. The consular officer issued a 221(g) requesting a copy of the principal applicant’s H1-B visa. However, in the present case the husband commenced employment on H1-B based on the approval of a change of status application and was not required to receive an H1-B visa stamp from a U.S. consular post abroad. The H-4 applicant submitted a copy of her spouse’s B1/B2 visa and copy of H1-B approval notice. However, the H-4 visa was refused under Immigration and Nationality Act (INA) §214(b). Based on this, the couple contacted the MISPL for assistance.
Argued Legal Error: Murthy India Helps Identify Core Issue
After a careful review, attorneys at MISPL pointed out to the client that both the INA §214(b) denial and request for principal applicant’s H1-B visa for adjudicating a H-4 visa was a legal mistake. MISPL clarified that § 214(b) does not apply to dual intent visa categories like, H1-B, H-4, L-1 and L-2. It is not common for consulates in India to refuse H-4 visas under § 214(b), as they process many H-4 visa applications and are generally well-informed of the dual intent doctrine. Further, H-4 visa applications can be adjudicated if H-4 applicant evidences the relationship with the principal H1-B applicant and the principal applicant is maintaining H1-B status in the U.S.
Murthy India Helps Client Obtain the H-4 Visa
Attorneys at MISPL analyzed the principal applicant’s complete travel history to the U.S. as well as his relationship to the H-4 applicant. The attorneys contacted the consulate through the support desk, however, despite the legal submissions made to clearly evidence the legal error, and to show that the applicant was legally eligible for an H-4 visa, the consulate did not reverse the erroneous INA § 214(b) visa denial. The attorneys immediately contacted the U.S. Department of State (DOS) and sought their intervention in this matter. More than two months later, the DOS responded stating that they had contacted the consular post that had issued the H-4 denial, and that the consulate would contact the applicant to submit the passport for final processing (visa issuance). The applicant was later contacted directly by the consulate requesting the passport for final processing and within a week, the H-4 visa was issued.
Conclusion
We are excited that we were able to help this client obtain her H-4 visa, allowing her to travel to the U.S and reunite with her spouse. At MISPL, we thank our clients for giving us the opportunity to help them with their U.S. immigration and we look forward to continuing to help them and others as they struggle with delays and misunderstandings that can occur.
Disclaimer: The information provided here is of a general nature and may not apply to other facts or circumstances. It is not to be construed as legal advice and is based on a person’s background and existing law and policies in effect in Oct. 2022.