Worst timing in life and worst decision to send wife home

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
      @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
    • 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
    • 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
    • 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
  • 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

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