Work VisaOct 30, 2018

Worst timing in life and worst decision to send wife home

I made a huge mistake letting my wife go to India to attend visa interview. My wife went to give l-1b blanket interview and got denied. She appeared for h-4 visa interview after that and got denied again. Reason give was that she was traveling to a different city than her husbands city. Now, I was laid off recently and I was on the companies payroll till 29th October 2018. My new employer has filed for the h-1b transfer on 25th oct 2018 and I am waiting on the transfer receipt for h-1b so I can start working. My wife has a full time job and is working on h-4 Ead. Her employer is suggesting her to go for h-4 visa interview again with receipt of h-1b transfer, old employer i797(valid till 2020) and new employers paystubs, new LCA etc. I wanted to know what are the chances of getting approval on h-1b transfer receipt? From my understanding I will still be in status but not sure how consulate treats it My wife already has a masters degree from outside USA from a very reputed university globally and her h-4 Ead is valid till 2020. Her company is not allowing her to work remotely and I am not sure if her job will be safe anymore or not :( Please advice what I could do Edit: should I ask her to apply for schools in the Bay Area / look for new jobs on h-4 EAD to join when she enters USA? She has 4+ yoe in non fang but reputed companies in software and QA

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Uber oOBb03 Oct 30, 2018

Talk to an immigration lawyer?

GlobalFoundries Aiwa OP Oct 30, 2018

Doing that. Getting mixed feedback on going for h-4 stamping on pending h-1b transfer. Wife’s attorneys are incompetent and lots of mistake happened due to their negligence

GlobalFoundries Aiwa OP Oct 30, 2018

Pmed

Microsoft Dr. Bayes Oct 30, 2018

Sorry man, you should work with your company’s or experienced immigration lawyers to get this sorted out. Don’t think you will help any good help here.

Microsoft oracleguyt Oct 30, 2018

In the current political climate they are not going to approve. I just moved back to India

GlobalFoundries Aiwa OP Oct 30, 2018

Care to explain your situation a little bit?

Microsoft oracleguyt Oct 30, 2018

My wife got stuck in India. She interviewed thrice and they got more suspicious with these. After 3 rejections, I went back. Now at India.

Salesforce kaaja Oct 30, 2018

File a expedited processing request with uscis for your new h1b , mentioning family separation as a reason

GlobalFoundries Aiwa OP Oct 30, 2018

Is that doable?

Salesforce kaaja Oct 30, 2018

Worth a try

Symantec WhiteHat_1 Oct 30, 2018

This really irritates me as a natural born American citizen who never has to worry about this kind of thing. I think it’s stupid to have employees at top US tech companies who have been in the US for 10+ years in fear of having their lives upended due to H1B issues. There should be a clear and short path to a green card for H1B holders and the transfer process etc for jobs should be painless. Sorry for the rant but this kind of government bs is just ridiculous.

SWARM Gandhigg Oct 30, 2018

Hey! So I and my family went the straight and legal way and after 7 years of hard work we gained citizenship. It’s actually not crazy, yes it can be very much improved, but the pathways to citizenship are very clear. Just wanted to note that it is not always about government BS, it may be very good reasons why people are denied.

Vlocity FTJU Oct 30, 2018

Wow...how long back was that? A regular eb2 applicant has no chances of getting even a green card in 7 years. Even if there are no audits or refilings. You are talking about citizenship in 7 years. Either you married a citizen, applied through a l1 visa or you are lying.

LinkedIn 🍪cookie Oct 30, 2018

Why are you so desperate for US ? Doing MS is only postponing the problem for 2 yrs. Why do you (wife) want to spend on education (only to get around stupid immigration rules) and then try to play H1b lottery ? Exit this country and go back to India, or move to Canada. In this country they will keep neglecting skilled immigrants. All the focus will be on stuff like wall, caravan, etc

GlobalFoundries Aiwa OP Oct 30, 2018

Not desperate. My job profile is hard to find in places outside USA. Even in the Bay Area itself finding the job after layoff was a big challenge.

New
Hayran Oct 30, 2018

What job profile is it?

MITRE ydFq45 Oct 30, 2018

Canada or parts of Europe look real good right now.

Cerner M0j0r0j0 Nov 11, 2018

Which parts?

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Expedia daddyshome Oct 30, 2018

ItsyourMom is a douchebag. Plz flag this post so much that he gets banned from Blind

IBM Sadhguru Oct 30, 2018

Sorry to hear that you and your family had to go through this. I would say - speak to a good immigration lawyer. During last 6 months, I had gone through a lot of visa trouble and I understand your pain. I spoke to numerous attorneys in my case. It is confusing that even they don’t claim anything with confidence in this tough scenario and multiple attorneys gave multiple opinions. Speak to Ajay Arora immigration lawyer from NY or Rajiv Khanna from Washington. I am not in any way endorsing them. I just found that whatever advice they gave, they were confident in it and turned out to be true later on as well

GlobalFoundries Aiwa OP Oct 30, 2018

Okay I will look them up. Can you send me their contact details? Thank you so much for the info

Qualcomm SmellyCury Oct 30, 2018

MAGA