Vg

Hello,

I have recently applied for H-1B and should be getting approval by end
of this month. My Son in India is applying for F-1 Visa.

My question was, if he is rejected for F-1 Twice, would he still be
able to apply for H-4 Visa(After my H-1B is approved) by regular
process(Not considering the 3rd time Mail in request) or will he have
to wait 2 years to be considered ?

Thanks,
VG

Jozef

"VG" wrote in message
news:[email protected]...
    > Hello,
    > I have recently applied for H-1B and should be getting approval by end
    > of this month. My Son in India is applying for F-1 Visa.
    > My question was, if he is rejected for F-1 Twice, would he still be
    > able to apply for H-4 Visa(After my H-1B is approved) by regular
    > process(Not considering the 3rd time Mail in request) or will he have
    > to wait 2 years to be considered ?

Shouldn't be a problem unless the reason for the F-1 refusal can be grounds
for an H-4 refusal. If the reason for the refusal was immigration intent he
will be OK since H visas allow this.


    > Thanks,
    > VG

Ingo Pakleppa - See Web Site For Email

On Fri, 01 Aug 2003 18:42:22 +0000, Jozef wrote:


    > "VG" wrote in message
    > news:[email protected]...
    >> Hello,
    >> I have recently applied for H-1B and should be getting approval by end
    >> of this month. My Son in India is applying for F-1 Visa.
    >> My question was, if he is rejected for F-1 Twice, would he still be
    >> able to apply for H-4 Visa(After my H-1B is approved) by regular
    >> process(Not considering the 3rd time Mail in request) or will he have
    >> to wait 2 years to be considered ?
    >
    > Shouldn't be a problem unless the reason for the F-1 refusal can be
    > grounds for an H-4 refusal. If the reason for the refusal was
    > immigration intent he will be OK since H visas allow this.

Of course, the fact that the son is applying for an F-1 implies that he is
of college age (although it can also be granted for high school
occasionally). To qualify for an H-4, the son would have to be under 21,
and he would have to leave the US on his 21st birthday.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.

Jozef

"Ingo Pakleppa - see web site for email" wrote in message
news[email protected]...
    > On Fri, 01 Aug 2003 18:42:22 +0000, Jozef wrote:
    > > "VG" wrote in message
    > > news:[email protected]...
    > >> Hello,
    > >>
    > >> I have recently applied for H-1B and should be getting approval by end
    > >> of this month. My Son in India is applying for F-1 Visa.
    > >>
    > >> My question was, if he is rejected for F-1 Twice, would he still be
    > >> able to apply for H-4 Visa(After my H-1B is approved) by regular
    > >> process(Not considering the 3rd time Mail in request) or will he have
    > >> to wait 2 years to be considered ?
    > >
    > > Shouldn't be a problem unless the reason for the F-1 refusal can be
    > > grounds for an H-4 refusal. If the reason for the refusal was
    > > immigration intent he will be OK since H visas allow this.
    > Of course, the fact that the son is applying for an F-1 implies that he is
    > of college age (although it can also be granted for high school
    > occasionally). To qualify for an H-4, the son would have to be under 21,
    > and he would have to leave the US on his 21st birthday.

Good point! Forgot about that. This will work only until he turns 21...

    > --
    > Remember, I am strictly a layperson without any legal training. I
encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    > Please support H.R. 539 and H.R. 832. More information at
    > http://www.kkeane.com/lobbyspousal-faq.shtml
    > Please visit my new FAQ at http://www.kkeane.com (always under
construction)
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    > Now with new photos! Please feel free to enjoy some of my photographs at
my
    > new Web site http://www.ingopakleppa.com ! Comments are welcome.