Any suggestions? (H4 issue)

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roopesh_k2002

Registered Users (C)
Dear Friends,

I had come to US in 2000 and have proper W2 as per LCA
till 2001. In 2002 the W2 did not match LCA, recent
paystubs also did not match LCA and my wife's H4 was
denied. I got married in Arpil 2003 and its been 6
months with still no hope.

I changed my company in Mid September, 2003 and so far
I am getting proper pay stubs as per LCA. Got my new H1 done in premium process.

1. Its becoming very difficult and I am thinking of going back to India. If I go back, will I be able to ever come back here with my wife. What would be the procedure?

2. I have my old company's H1 visa stamped on my passport valid till March 2005, can I come back to US after few months on the same visa or do I have to get my new Company's visa stamped.

3. If I stay here, collect more pay stubs and file W2 for 2003, will it help to re-apply / get the H4 or since the consulate has all the info about my previous W2/LCA so the chances of ever getting H4 are very less ?

This info would help me to decide if its worth staying here or better to go back soon.

Regards,
Roopesh
 
Point number 1 - Which consulate in India you would be trying to apply, if Chennai, you might have problems.
Point number 2 - You said your pay stubs didn't match LCA, so was the pay too low as compared to LCA.
Point number 3 - I would say even if you want to take a chance it would be better if your wife apply for H-4 you not being out of country (I mean US), because one of the posts I read said that they refused H-4 to one person and told her that they would inform INS about the H-1 holder and this might initiate an action against the H-1 holder.

So you should prepare for the worst and hope for the best.

ginnu please post your advise, I have found ginnu's advise mostly to the point, also he seems to be very helpful.
 
I had come to US in 2000 and have proper W2 as per LCA
till 2001.
In 2002 the W2 did not match LCA, recent
pay stubs also did not match LCA and my wife's H4 was
denied.
---Problem, I suspect your consulate is Chennai India, if that is true then read the last paragraph
I got married in April 2003 and its been 6
months with still no hope.

I changed my company in Mid September 2003 and so far
I am getting proper pay stubs as per LCA.
Got my new H1 done in premium process.
------- That is OK
1. Its becoming very difficult and I am thinking of going back to India. If I go back, will I be able to ever come back here with my wife. What would be the procedure?

2. I have my old company's H1 visa stamped on my passport valid till March 2005, can I come back to US after few months on the same visa or do I have to get my new Company's visa stamped.
----------- You CAN use old company Visa stamp in your passport but you must show the new H1 approval notice at POE( if you have any recent h1 approval notice) because you can get I-94 valid till the date of new H1 approval
3. If I stay here, collect more pay stubs and file W2 for 2003, will it help to re-apply / get the H4 or since the consulate has all the info about my previous W2/LCA so the chances of ever getting H4 are very less?
--- Dear, to be honest nobody can reply to your concern, as we don’t work in US consulate in Chennai it all depends on the Visa officer. My suggestion to you is that you should contact Sheela Murthy (www.murthy.com) as she has recently visited India and she met Chennai consulate officers and she will be the best person to handle your problem. It is better to involve the good lawyer who has knowledge about particular consulate. You should write every detail (past and present) to her before consultation. FYI make sure she has all your info before her on the table when you speak to her. Many have told me that she does not keep the info sent to her when she replies to you by phone. Talk to the office staff in advance and let your fax or email printout should be before her and make sure she goes through your concerns before giving a reply and how she will handle the situation if it is possible. Make this point clear before booking a consultation and paying the fees. And write the above that you have listened that every time one has to refresh her (even for the cases filed by her office) and your 20-minute will be over in just refreshing her because appointment is scheduled 4-6 days advance then after they charge they forget what are the concerns. Once you talk to her you can post here what she says it may be beneficial to many
This info would help me to decide if its worth staying here or better to go back soon.
--- I will do the above and then decide
 
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