Consular Processing Rejection

L

laloo420

New Member
I am in the process for filing for I-140 for Consular Processing. I was going through the threads and could not see any rejection.

1) Has anyone heard of rejection at any Consulate in India for employment based GC (EB1-EB3)?

2) What are the causes for rejection during Consular Processing?

Can anyone think of any problem? I am looking for problem in the area other than birth/marriage certificate; medical; education/qualification; employer related and attorney mistake. In short not attributed to the individual; may be willingness of Consular; FBI name check etc.

Thanks for help
 
laloo420 said:
I am in the process for filing for I-140 for Consular Processing. I was going through the threads and could not see any rejection.

1) Has anyone heard of rejection at any Consulate in India for employment based GC (EB1-EB3)?

{Total denials are very rare at the consulates. I am sure there would be
cases, but in my regular visits to the forum for a span of nearly 2 years
I have not read about a fully documented case. Maybe the candidates
keep quite for obvious reasons. We can only deduce that if there were
a number of such cases we would surely hear about them. But that is
not the case}

2) What are the causes for rejection during Consular Processing?

{Some communicable diseases like AIDS,... etc. Illegal stay in US.
Criminal background or cases. Any associations with un-lawful
activities and so on}

Can anyone think of any problem? I am looking for problem in the area other than birth/marriage certificate; medical; education/qualification; employer related and attorney mistake. In short not attributed to the individual; may be willingness of Consular; FBI name check etc.

{Obviously the reason for denial would be attributable to the candidate.

If everything is alright the consular officer cannot deny your visa. If
your name comes out clean in the FBI name check , they cannot deny
your visa}

Thanks for help
Click to expand...

{my responses}

Raju
 
Additonal Information on CP at Chennai.

I am on final stage waiting for my DOL labor clearance. At this moment i am thinking CP is Best or Not.
Actually i dont have any problems other than Less salary earnings( W2) in the last two years. This year hopefully i am reaching salary Range. Is that any thing effect on CP. Experienced guys Pl. some help on this as i am really concerning on this matter.

Raju: If you help me so i appreciate you on this.

Thanks on advance.
 
visailrevalid said:
I am on final stage waiting for my DOL labor clearance. At this moment i am thinking CP is Best or Not.
Actually i dont have any problems other than Less salary earnings( W2) in the last two years. This year hopefully i am reaching salary Range. Is that any thing effect on CP. Experienced guys Pl. some help on this as i am really concerning on this matter.

Raju: If you help me so i appreciate you on this.

Thanks on advance.
Click to expand...

When you say less salary earnings, does that mean your employer is not
maintaining the salary proposed on your H1B?

OR

Are you concerned that your earlier and current salaries are less than the
one mentioned in the LC ?

Raju
 
Hi Raju,

Thanks for answering.

Last two years i worked only few months so i am getting only paid by that period.( around 18k & 24K on w2). But this year i am reaching to as per LCA on H1B.

I am concerned about less salaries mentioned on LC. What is the effect on CP if i am going thru this way. Do you have any idea?


thanks
 
visailrevalid said:
Hi Raju,

Thanks for answering.

Last two years i worked only few months so i am getting only paid by that period.( around 18k & 24K on w2). But this year i am reaching to as per LCA on H1B.

{So you out of the 24 months in these two years you probably have
very few paystubs to show. This is obviously a violation of the H1B
rules. You may need to talk to an immigration attorney to guage the
affect on your CP process.

I do not remember having read any instances where the consulate
questioned the low income (s) on W-2s. However in your case the
figures are low and can possibly stand out}

I am concerned about less salaries mentioned on LC. What is the effect on CP if i am going thru this way. Do you have any idea?

{I do not know the difference between your current salary and the
figure mentioned in the LC. But if the recent paystubs show a figure
that is marginally lower than the LC salary then the Consulate will
believe that the employer can afford to pay the LC salary upon
granting the Immigrant Visa.

Your employer has to state in a notarized letter that they are
willing to pay the LC salary once you get your GC}


thanks
Click to expand...

{my responses}

Raju
 
Consular Processing

I want to know for Consular Processing an individual is required to show the Pay stub or W-2 and for how many years as such ? Also this is an absolute requirement or it differs from case to case ? Pls. share ur comments/Info.

Thanks !
 
I think it is case to case basis. It's always better to have all the supporting evidence.
 
uradvise said:
I want to know for Consular Processing an individual is required to show the Pay stub or W-2 and for how many years as such ? Also this is an absolute requirement or it differs from case to case ? Pls. share ur comments/Info.

Thanks !
Click to expand...

W-2s :- For the latest 3 years or the number of years one has filed with IRS
in US, which ever is less.

Paystubs :- The latest 3 atleast. I have read somewhere that for one candidate they asked for the last 6 months. So, it would be better to
carry for the last 6 months, just in case.

Raju
 
uradvise,
If you belong to Chennai consulate the more you have the better as they don't have fixed numbers.

thanks
 
Questions for you experts

My Labor Application ( RIR) was approved from New York after 3 yrs ( as you all know NY was ascrewed up).

IN that time my position and compensation has increased considerably (63 % more than my compensation mentioned in the LAbor Application).PLease note that I am working for a top company.So there is no question of the company not being able to meet the salaries mentioned there.

I am thinking of applying for I-140 and Consular Processing there after.IS it a good idea or should I go the I-140 way ???
 
Do consulate ask for paystubs?

Hi,

I have opted for CP and waiting for my I140 approval. My GC is under process for another company.

I am planning to return to India after 140 approval and come back after getting GC.

Will there be any problem in GC approval?

M1234
 
bmp81 said:
Do you know how much time it takes for processing just I140 for CP cases?

Thanks
Click to expand...
You might want to check in the 140 forum of your specific service center.
 
You must log in or register to reply here.
Top