Amendement to the petetion

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prabca

Registered Users (C)
Hey gurus pleaase give me advice

i am working for company A and got peteitioned approved during Nov 2003, and then send it for revalidation ( revalidation is received ),
meanwhile after sending the papers for revalidation company A reduced salary and filed amendment to the petetion. which is pending with Texas service center

I have applied for H4 for my minor son in chennai consulate, but chennai consulate wants the physical presense of both the parents,( they did not specify any documentation )

company is refusing to give the vacation and leave.
wife is going to india during May, 2004
then what should be my couse of action to get my son here
can she attend the consulate and say that company is refusing to give the vacation, company can provide any sort of documentation and help


your help in this is appreciated
 
That seems the only way to do it. Let your spouse provide documentation that vacation is refused .
Most probably chennai consulate just wants to verify the son is legitimate, since people (H1s) are suspected of going around adoption procedures. So you need proof of your son's birth too.
 
Thanks Jaxen
Do i have to wait for the amendment to the petetion ( Amedning is due to reduction in salary ), my wife is going in May, whether she can go with the existing approved petetion, but there would be difference between LCA and actual salary.

thanks
 
If your wife goes now and chennai consulate says she (and the son) has to wait for the amendment approval, I dont see any harm. So let her go now and if there are 221g for documents etc. wait for the amendment to be approved and then reapply.
 
Jaxen
we have already received section 221 ( g) letter from consulate, in december 2003. under that letter only physical presence asked, no other document asked to submit,
so ia m a bit confused now, as i have applied for h4 based on old approval, later company reduced salary and filed amendment
so what should be my course of action.
your help is greatly appreciated in this matter

thanks
 
I was talking about a fresh 221g for your paystub etc.
If you dont feel comfortable take the conservative approach, wait for the approval of the amendment.
 
Thaks Jaxen,
i was under the impression that section 221 (g) is given only once,
so my wife can approach consulate

with the following documens ( along with regulars ones )
1) Existing Petetion
2) and Amended LCA
3) explanation from company, with respect filing of amendment to the petetion with the INS. ( and this would be sumitted to the officer only when he asks for the difference between LCA and actual paystubb )

is it worable solution.
and another big problem is how far explanation for my absense can be considered by Chennai consulate, but i dont have any other option.

Your help in this is greatly appreciated
 
Jaxen
can i proceed for premium processing for the amendment.

and if that is approved, stamping date and petetion number in my passport and wife passport would be different.
how to approach this problem
thanks
 
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I see that you are confused a lot. I am not sure whether you can do premium processing for amendment. Assuming that school is not an issue for your son right now, I would suggest to wait for the amendment to get approved before applying for H4.
PM me with further Qs..
 
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