Legal Question in Immigration Law in Texas

Re: Will H1B rejection cause H4 rejection?

I will make a point that your other respondent may have missed. You made a hypothetical question about whether "the H-1B gets denied, what about her H-4?", but that can only be the case if, either on the front end, your original H-1B is denied by the government. I, unlike the other counsel, assume that the H-1B is yours, not your wife's. Therefore your wife gets H-4 as a derivative (attached) beneficiary to your work visa status.

It would seem strange that the sponsoring employer has refused to supply support documents for your wife as well as you--such should be routine for an H-4. The business-institution may be getting bad advice from their counsel, but there's too much for me to say.

If you want to contact me offline to discuss this further, you may contact me at [email protected]

Re: Will H1B rejection cause H4 rejection?

I will make a point that your other respondent may have missed. You made a hypothetical question about whether "the H-1B gets denied, what about her H-4?", but that can only be the case if, either on the front end, your original H-1B is denied by the government. I, unlike the other counsel, assume that the H-1B is yours, not your wife's. Therefore your wife gets H-4 as a derivative (attached) beneficiary to your work visa status.

It would seem strange that the sponsoring employer has refused to supply support documents for your wife as well as you--such should be routine for an H-4. The business-institution may be getting bad advice from their counsel, but there's too much for me to say.

If you want to contact me offline to discuss this further, you may contact me at [email protected]

Re: Will H1B rejection cause H4 rejection?

I will make a point that your other respondent may have missed. You made a hypothetical question about whether "the H-1B gets denied, what about her H-4?", but that can only be the case if, either on the front end, your original H-1B is denied by the government. I, unlike the other counsel, assume that the H-1B is yours, not your wife's. Therefore your wife gets H-4 as a derivative (attached) beneficiary to your work visa status.

It would seem strange that the sponsoring employer has refused to supply support documents for your wife as well as you--such should be routine for an H-4. The business-institution may be getting bad advice from their counsel, but there's too much for me to say.

If you want to contact me offline to discuss this further, you may contact me at [email protected]

Re: Will H1B rejection cause H4 rejection?

I will make a point that your other respondent may have missed. You made a hypothetical question about whether "the H-1B gets denied, what about her H-4?", but that can only be the case if, either on the front end, your original H-1B is denied by the government. I, unlike the other counsel, assume that the H-1B is yours, not your wife's. Therefore your wife gets H-4 as a derivative (attached) beneficiary to your work visa status.

It would seem strange that the sponsoring employer has refused to supply support documents for your wife as well as you--such should be routine for an H-4. The business-institution may be getting bad advice from their counsel, but there's too much for me to say.

If you want to contact me offline to discuss this further, you may contact me at [email protected]

Re: Will H1B rejection cause H4 rejection?

I will make a point in addition to the other responding lawyer. You made a hypothetical question about whether "the H-1B gets denied, what about her H-4?", but that can only be the case if, either on the front end, your original H-1B is denied by the government. I, unlike the other counsel, assume that the H-1B is yours, not your wife's. Therefore your wife gets H-4 as a derivative (attached) beneficiary to your work visa status.

It would seem strange that the sponsoring employer has refused to supply support documents for your wife as well as you--such should be routine for an H-4. The business-institution may be getting bad advice from their counsel, but there's too much for me to say.

If you want to contact me offline to discuss this further, you may contact me at [email protected]

Re: Will H1B rejection cause H4 rejection?

You made a hypothetical question about whether "the H-1B gets denied, what about her H-4?", but that can only be the case if, either on the front end, your original H-1B is denied by the government. I, unlike the other counsel, assume that the H-1B is yours, not your wife's. Therefore your wife gets H-4 as a derivative (attached) beneficiary to your work visa status.

It would seem strange that the sponsoring employer has refused to supply support documents for your wife as well as you--such should be routine for an H-4. The business-institution may be getting bad advice from their counsel, but there's too much for me to say.

If you want to contact me offline to discuss this further, you may contact me at [email protected]

Re: Will H1B rejection cause H4 rejection?

It is unusual that the consulate would deny the visa after CIS has approved the petition. However, this is not unheard of. If the consulate believes that there was something fraudulent or otherwise incorrect about the petition filed with CIS, they can review the eligibility. Most employers will include a support letter in their H-1B filing, and I'm guessing that this was missing. If the university refuses to provide any supporting letter now, maybe your wife can show an offer letter instead.

If her H-1B is denied, but you have H-1B and she is otherwise eligible for H-4, she should get the H-4 .