221(g)-2004/2005 Earnings - GREAT_GURU-PLEASE HELP

[GC_091]

Hi Great Guru, Please advise.

I got a 221(g) to explain my H1b 2004/2005 earnings.
I had been for the H1b visa revalidation interview in chennai consulate. Officer refused the visa extension saying that my LCA salary doesnot match my w-2'sof 2004 & 2005.

Here is my background,

1).I got my H1b stamped on June 2003 and went to USA on April'2004. The LCA salary was $20.50/hr which was valid from 5/23/2003 till 9/30/2005. My 2004 W-2 is 36k which is more then the total amount of the LCA salary if I calculate from april'04 to Dec'04.

2). My H1b was amended in May'05 with a new LCA salary at $57117 valid from 5/23/2005 to 9/30/2008. If I calculate my salary with this new LCA salary($57117) from June'05 to Dec'05 and keep my old LCA salary ($20.50/hr) from Jan'05 to May'05 Iam getting little higher then the LCA salary.

I was not aware of all this untill I researched a bit. Does this mean that the visa officer assumed that my new LCA salary ($57117) is applicable for my 2004 & 2005 years and since my W-2's for 2004 & 2005 were lesser than $57117 he refused to grant me a visa and requested to come with additional information.

Please advise, if I can go with this explanation, do I stand a chance of getting the visa...

 

[great guru]

Take evidence and go again.
Take proof of both the LCA papers.

Take all the pay stubs.
Neat white paper one for 2004 & one for 2005 do tha mathe list salary month wise total up and match with w2 and LCA.

Clearly indicate when your LCA amended when it is taking effect, why amended.

Prove it is more than your LCA. Because of partial wages (not a ful year wage)

Spend more time preparing these papers. Each and every fig on the papers must have back up.

Do not hurry, even it takes a week spend it.

Hi Great Guru, Please advise.

I got a 221(g) to explain my H1b 2004/2005 earnings.
I had been for the H1b visa revalidation interview in chennai consulate. Officer refused the visa extension saying that my LCA salary doesnot match my w-2'sof 2004 & 2005.

Here is my background,

1).I got my H1b stamped on June 2003 and went to USA on April'2004. The LCA salary was $20.50/hr which was valid from 5/23/2003 till 9/30/2005. My 2004 W-2 is 36k which is more then the total amount of the LCA salary if I calculate from april'04 to Dec'04.

2). My H1b was amended in May'05 with a new LCA salary at $57117 valid from 5/23/2005 to 9/30/2008. If I calculate my salary with this new LCA salary($57117) from June'05 to Dec'05 and keep my old LCA salary ($20.50/hr) from Jan'05 to May'05 Iam getting little higher then the LCA salary.

I was not aware of all this untill I researched a bit. Does this mean that the visa officer assumed that my new LCA salary ($57117) is applicable for my 2004 & 2005 years and since my W-2's for 2004 & 2005 were lesser than $57117 he refused to grant me a visa and requested to come with additional information.

Please advise, if I can go with this explanation, do I stand a chance of getting the visa...