Am I out of status? (Urgent)

R

roopesh_k2002

Registered Users (C)
Hi,

I am in US on a H1 since last 3 years. I had applied for my wife's H4 at Chennai in April, 2003 and few days back it was denied under section 221 G, my pay stubs of last 6 months and W2 of 2002 were not as per LCA.

We received a letter from the US Consulate, Chennai saying that they have decided not to issue the H4 visa and also said ""Your application for an H4 visa has been referred to our Fraud Prevention Unit. Despite the information that has been submitted to date, you have failed to establish that your principal relative in the U.S. remains in status. We (US consulate) have informed the BCIS Service Center that issued the original H1 petition of the situation for them to take whatever action that they deem necessary"" AM I OUT OF STATUS ???

I joined a new company in August, 2003. My H1B was filed in premium process and approved. I am currently getting paychecks which are more than the amount mentioned in my current LCA.

1. I would like to know if my current H1 status is valid and would there be any problem for me, keeping in mind the reply from the US Consulate, Chennai.

2. I would like to know if I can go to India for a few days to visit my wife, based on the current situation. My passport has an H1 stamp of my old company valid till Jan 2005. But I now have a valid approved H1 visa of my current company.

PLEASE REPLY ASAP. I am planning to visit my wife next week.

Thanks
 
It appears that they have a doubt on your job. Whether you are working or not?
My feeling is that: if you are working and getting regular pay checks then I don't see any issue. And also make sure your pay reflects the pay on LCA
 
search for threads posted by user 'zipper'

You seem to be in similar situation.I think his issue was resolved
through his attorney.If I remember correctly attorney contacted
Chennai consulate in his wife's case.

Sept13
 
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