Worst timing in life and worst decision to send wife home

GlobalFoundries Aiwa
Oct 30, 2018 117 Comments

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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TOP 117 Comments
  • Symantec WhiteHat_1
    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.
    Oct 30, 2018 55
    • Vlocity FTJU
      @Mr Hyde you work in tech, make a decent living and lead a comfortable life. What makes you so Insecure? There are farms across the country going dry because there are not enough immigrants to work on them and the locals would rather live on govt alms than working hard. There are small businesses that rely on immigrants of all colors brown,black and whites. But guess all you believe in is the shit you ve been force fed all your life.
      Nov 8, 2018
    • Cisco Ard
      I just fuckin reported this thread. Enough of this shit slinging.
      Nov 8, 2018
    • Vlocity FTJU
      @Aiwa don't stoop to his level.
      Nov 8, 2018
    • Vlocity FTJU
      @Aiwa he probably will change his username too. He clearly had a problem with everything that is not white.Also you should not threaten anyone with doxing. It's a big deal and could lead to repercussions for you. Just some advice.
      Nov 8, 2018
    • GlobalFoundries Aiwa
      OP
      @fjtu agreed. I was just making sure he understood that bull shit is tolerated till some extent. Anyway imma delete the above posts since he understood. Thanks for the advice though :)
      Nov 8, 2018
  • Uber / Eng oOBb03
    Talk to an immigration lawyer?
    Oct 30, 2018 2
    • GlobalFoundries Aiwa
      OP
      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
      Oct 30, 2018
    • GlobalFoundries Aiwa
      OP
      Pmed
      Oct 30, 2018
  • Microsoft oracleguyt
    In the current political climate they are not going to approve. I just moved back to India
    Oct 30, 2018 6
    • Microsoft oracleguyt
      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.
      Oct 30, 2018
    • GlobalFoundries Aiwa
      OP
      Sorry to hear that. What visa she applied for?
      Oct 30, 2018
    • Wat Abt divorce?
      Oct 30, 2018
    • Amazon 123raj
      Yep moving back to India sounds like the respectable move.
      Oct 31, 2018
    • GlobalFoundries Aiwa
      OP
      Keeping that option open. But won’t be an easy move
      Oct 31, 2018
  • LinkedIn 🍪cookie
    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
    Oct 30, 2018 3
    • GlobalFoundries Aiwa
      OP
      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.
      Oct 30, 2018
    • New Hayran
      What job profile is it?
      Oct 30, 2018
    • GlobalFoundries Aiwa
      OP
      Cad/pdk/circuit design
      Oct 30, 2018
  • Google skillet
    @op: sorry you had to go through this. If you were born in any other country by now you would have had your GC long time ago and well on your way to vote this midterm.

    The system is okay to give GC to security guards for 10k$ per year salaries (also on the same employment green card queue) and kick folks like you out of the country.

    The crazy thing is, those immigrants who benefit with 10k$ jobs are now saying they want to retain their privilege.
    Oct 30, 2018 1
    • GlobalFoundries Aiwa
      OP
      So true
      Oct 31, 2018
  • Microsoft Dr. Bayes
    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.
    Oct 30, 2018 0
  • Qualcomm / Eng SmellyCury
    MAGA!!! Kiss good bye to h-4s. Great job USCIS, time to self-deport unqualified couples.
    Nov 3, 2018 3
    • GlobalFoundries Aiwa
      OP
      Just stfu hater
      Nov 3, 2018
    • Qualcomm / Eng GrayGatsby
      Why you still got time replying? Lollll... shouldn’t you be packing or sth already?
      Nov 3, 2018
    • GlobalFoundries Aiwa
      OP
      You also gtfo douchebag. No wonder y’all at Qcomm hating
      Nov 3, 2018
  • MITRE / Eng ydFq45
    Canada or parts of Europe look real good right now.
    Oct 30, 2018 1
    • Cerner M0j0r0j0
      Which parts?
      Nov 11, 2018
  • New / Eng
    ComTruise

    New Eng

    BIO
    Tc = broke. Education: the Derek Zoolander school for kids who can’t read and want to do other stuff good too
    ComTruisemore
    I can’t imagine the stress. Prayers 🙏🏿
    Oct 30, 2018 1
    • GlobalFoundries Aiwa
      OP
      Thank you I appreciate it. It’s been crazy 90 days for me. Just when I found a new job this shit happened
      Oct 30, 2018
  • Qualcomm / Eng SmellyCury
    MAGA
    Oct 30, 2018 0
  • New / Eng CanBacon
    You could see if your employers will let you work remote from Canada. MobSquad can get Engineers and spouses a work visa in two weeks and they post you up in their offices to work remote for your current role. ShieldGeo also
    Nov 1, 2018 8
    • GlobalFoundries Aiwa
      OP
      Interesting. I will search more about this. So are the companies in USA already doing this? I don’t know if my new company / my wife’s company would agree for this yet
      Nov 1, 2018
    • New / Eng CanBacon
      Yes some companies are, some who have people with expiring H1Bs are using MobSquad to send people to Canada. If you’re a talented engineer or data scientist, they will also take your resume and match you with US based companies then move you over if you get a match. I get it though, if you haven’t worked there for a while it’s harder to convince them.
      Nov 1, 2018
    • New / Eng CanBacon
      And sorry, to be more clear, it’s MobSquad who will also take your resume and match you with a company, as well as helping people with expiring visas to stay with their current company and work from Canada.
      Nov 1, 2018
    • GlobalFoundries Aiwa
      OP
      Can I pm you to ask more questions ?
      Nov 1, 2018
    • New / Eng CanBacon
      Absolutely! Please do.
      Nov 1, 2018
  • New / Other
    Cableguy

    New Other

    PRE
    GfK
    Cableguymore
    This story is total BS :) smells like a troll...
    Oct 30, 2018 1
    • GlobalFoundries Aiwa
      OP
      Wow. Why would I waste your time posting this
      Oct 30, 2018
  • Amazon 123raj
    Move back bro
    Oct 31, 2018 0
  • Twitter 0nMyWay
    Just move to india
    Oct 30, 2018 3
    • GlobalFoundries Aiwa
      OP
      Will you hire me there?
      Oct 30, 2018
    • Amazon 123raj
      Twitter has offices in India? Where?
      Oct 31, 2018
    • GlobalFoundries Aiwa
      OP
      @0nMyWay My wife is a QA engineer. Do you have any options in QA in Bay Area/ India
      Oct 31, 2018
  • Salesforce kaaja
    File a expedited processing request with uscis for your new h1b , mentioning family separation as a reason
    Oct 30, 2018 3
    • GlobalFoundries Aiwa
      OP
      Is that doable?
      Oct 30, 2018
    • Salesforce kaaja
      Worth a try
      Oct 30, 2018
    • GlobalFoundries Aiwa
      OP
      I will check with attorney if it could be proven
      Oct 30, 2018
  • AMD / Eng
    Dbms-

    AMD Eng

    PRE
    Intel, AMD, Qualcomm, Apple, Nvidia, Google
    Dbms-more
    Move back to India man
    Oct 30, 2018 2
    • GlobalFoundries Aiwa
      OP
      I am going to consider it when I start my new job. I can’t be sure at the moment due to the narrowness of the work profile
      Oct 30, 2018
    • Uber / Eng Bonzai
      Sorry to hear about your troubles :( moving back may not be the worst - I hear only good things from who’ve returned. For your field, if it’s hard to find in private consider cool shit like drdo or isro
      Nov 1, 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
    Oct 30, 2018 1
    • GlobalFoundries Aiwa
      OP
      Okay I will look them up. Can you send me their contact details? Thank you so much for the info
      Oct 30, 2018
  • Walmart.com small org
    Dude move back to India, stay with your family. However this is not end. You can come back on cap exemption
    Nov 2, 2018 0
  • Cisco !gvk!
    Get an advise from Murthy.com, they have 15 min or 30 min consultation slots with some fees attached...
    Oct 31, 2018 1
    • GlobalFoundries Aiwa
      OP
      I ll check with them
      Nov 1, 2018
  • Symantec / Eng inkypinkyp
    This is so fucked up
    Oct 30, 2018 1
    • GlobalFoundries Aiwa
      OP
      :(
      Oct 30, 2018

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