First Time H1 Stamping (Bombay Consulate): 1st visit Refused.

L

LabCheck75

Registered Users (C)
Hi,

A friend of mine is planning to come to USA for the first time. He has his H1 approved from a Company in NJ which is about 50 People strength.
The first time he went for Stamping in Mumai Consulate and showed all the Docs, they asdked more information on the following.

1) List of H1 Holders in the Company and their Date of Entry and Exit.
2) Company's W2 , Bank Statements, Project Contracts.
2) His Brothers proof of H1 Extension which was expiring in Dec 2003 for 5 yrs. He is in the process of applying for extension which will take 3 weeks to get the receipt.

I would greatly appreciate if anyone of you can answer my Questions whcih are:
1) Since the approval of Visa looks more like in the hands of the Consulate person (Since many people have come from the same company thro' chennai) , what could be the purpose/intention of asking these documents.
2) He mentioned that his brother is in USA. Later he inquired that he should not have stated that. But is this abything real wrong or its OK to mention.
3) What proof can a company produce about Date of Entry and Exit of H1 Employees.

He just forwarded the query to his company in US but wanted me to get some second feedback. So Guys, would greatly appreciate if you can answer these.

Thanks Much.
 
1. Suspicion of fraud
2. Is this brother the sponsoring company or related to the sponsoring company or a partner?
3. I94 copies, passport copies.

I think the company has some dark horses unrevealed.
 
Thank you Jaxen2,

1) Suspicion of Fraud : Several People have come from this company recently and i know the company it is fully functional with actually about 50 H1 employees. So if the company sends the doc this should be fine?

2)No his brother is not in the same company, infact he is working for a Big Company(10000 Employees) and has no relation to this Company.

3) I94 will it have all the dates of entry and exit? I thought I94 is just to show when you came into country last time and untill when you can stay back. Is I94 only suffice or they need exact dates of all the times each employee entered and exited US.

4) One more Qn, on h1 petition the employer mentioned # of employees as 40. Does that mean he has 40 H1s or he has to show some of them are Americans to be eligible to apply for H1s, is there any rule like that.

Hey Thanks a lot man, for taking some time and replying me.

Sri
 
Similar case for my wife

Originally posted by LabCheck75
Thank you Jaxen2,

1) Suspicion of Fraud : Several People have come from this company recently and i know the company it is fully functional with actually about 50 H1 employees. So if the company sends the doc this should be fine?

2)No his brother is not in the same company, infact he is working for a Big Company(10000 Employees) and has no relation to this Company.

3) I94 will it have all the dates of entry and exit? I thought I94 is just to show when you came into country last time and untill when you can stay back. Is I94 only suffice or they need exact dates of all the times each employee entered and exited US.

4) One more Qn, on h1 petition the employer mentioned # of employees as 40. Does that mean he has 40 H1s or he has to show some of them are Americans to be eligible to apply for H1s, is there any rule like that.

Hey Thanks a lot man, for taking some time and replying me.

Sri
Click to expand...

Please see my case that i have posted on this forum - here it is for your reference. Please let me know the outcome of your case.
thx
Art
Hi all,
My wife was with me on H4 for 1yr. H4 visa expired Jan 2004. Approval date on I797 is May 2004. She then got a job here and got a H1 approval notice till Aug 2006.
Went to India for visit and US Mumbai consulate - for visa stamping of H1. Was denied stamping!!
Visa officer says - he is kept the stamping pending. Wants to see a whole truckload of docs from employer to ensure that it is a stable employer and has enough money to pay her.
Here is how the interview went

I had to fill in a form where it asked me number of employees in my present employer's company. The petition said 18 so I wrote 18. I think that was the root cause of the problem. Should I have mentioned a larger figure like 100 or so ? but i thoughht the petition says 100 so what if they crosscheck..? so I wrote 18.

Here is what the interview went like -

Q. How long have you been in the US ?
A- 3 years

Q. How long have you been with company?
A. 5 months. ( Do I say joining date as May 2003 onwards or Aug 2003 as stated on I-797 ?)

QWhere is company based ?
A - In NJ with main office in MA.

Q. what is your skill set ?
A - Microsoft technologies ASP, Asp.net..blah blah blah

Q. How much is your pay ?
A - 60 K per year.

Q. How much do other 18 employees make ?
A - Not sure could be in the range of 55K to 100K depending on experience and location. A place like California the pay could be more. ( wrong thing to say..but..was too late)

Q. Do they have people working in CA ?
A - Mostly employees are working in the east coast, depends on where client is and demands employees work on site.

Q. How often do you have to go to NJ ?
A - (I could not answer this question well) I said depends as needed. Usually have to work onsite wherever the client is.

Q. Do you get paid hourly that is as much as you work or do you get paid bi-weekly - fixed 60K per year no matter how much you work ?
A - I get paid fixed 60K per year. I get paid bi-weekly.

She said finally, your english is excellent but I want to make sure the company is not like a shop. I am not satisfied with what you have told me about the company. I want to make sure that they do not pay anyone less like 40K
I had submitted my all my payslips as well. but that wasn't sufficient i think..I doubt if she even looked at the payslips.

Handed a doc stating 221g -
This is what it says under section 221 (g)

Please supply information about your prospective employer in the U.S including W2 forms of ALL (18) employees

The last three years tax returns

Major project contracts

Bank statements

Quaterly employee tax filings if the company is less than 3 years old (I suggesst send this even if your company is more than 3 years old)

Other - List of ALL H1 employees, their nationality, their date of entry and exit from the US.

Photos of company inside and out.


Wife is now stuck in India and needs to get back here and join me! and company is helping come up with the docs - but it is difficult to come up with all those docs.
 
Looks like your case is very similar to my friend's. He is collecting information now. The employer suggested to wait till new year as new w2 forms will come for all employees. Hence the two year w2s of all employees could put a strong case to the consulate.

Infact i heard that one lady got rejected from bombay consulate because the conuslate set up a ( i guess tech..) interview and she did not prove to have sufficent skills / not knowlegible enough. So they did not give her Visa.

Hey artusa, 2 quick question ,

1) Do you think if a gap of 1 month or 2 in consecutive visits to the conuslate will have any drawback. Since the employer was saying just wait for some time, does this prove another reason of going so late the second time?

2) what is your wife doing now, the employer said he has all the docs that they have asked for like porjects contracts, w2s proofs etc. and even all his employees on payroll for the "List of H1 Holders". only thing is how to show the DATE of ENTRY and EXIT. Is this I94 but will it have all the dates or what do they need exactly.
Please update me on this.

I am sure man, you must be in a real dilemma. I am sure you are more worried for your wife to be with you rather than her being on the Job. Hopefully she will come to join you. All the best.
Please let me know what is your company doing for the data of entry and exit question specifially.

Thanks man
Sr.
 
labcheck75

Originally posted by LabCheck75
Looks like your case is very similar to my friend's. He is collecting information now. The employer suggested to wait till new year as new w2 forms will come for all employees. Hence the two year w2s of all employees could put a strong case to the consulate.

Infact i heard that one lady got rejected from bombay consulate because the conuslate set up a ( i guess tech..) interview and she did not prove to have sufficent skills / not knowlegible enough. So they did not give her Visa.

Hey artusa, 2 quick question ,

1) Do you think if a gap of 1 month or 2 in consecutive visits to the conuslate will have any drawback. Since the employer was saying just wait for some time, does this prove another reason of going so late the second time?

2) what is your wife doing now, the employer said he has all the docs that they have asked for like porjects contracts, w2s proofs etc. and even all his employees on payroll for the "List of H1 Holders". only thing is how to show the DATE of ENTRY and EXIT. Is this I94 but will it have all the dates or what do they need exactly.
Please update me on this.

I am sure man, you must be in a real dilemma. I am sure you are more worried for your wife to be with you rather than her being on the Job. Hopefully she will come to join you. All the best.
Please let me know what is your company doing for the data of entry and exit question specifially.

Thanks man
Sr.
Click to expand...

Thanx for the compassion - I know, I dont care for her job - I just want her to be here ! The employer has sent out all the docs but they will not get there before Christmas - which means she may have to wait till the consulate reopens.

As far as the gap is concerned - I believe that you can say - it took a while for my busy employer to comeup with your fantasy list of docs - fortunately he also has a business he is running. (Better check with Lawyer to be sure)

My wife's employer is sending out the I94's for the employees. So not sure if that will suffice - but that is my best bet.
 
Please update me on your interview Artusa

Hi Artusa,

Please update us on how your case goes, my friend's employer is on a visit to india and he makes all the major decisions. He also said that all he can send is I94s of all employees, but i was just wondering why they would ask the date of exist of the employees , i mean what if no one has ever come back.

Anycase, please update your interview results and i am sure my friend will thank you thousand times for that.

Sri.
 
labcheck

Bad news - Her visa was refused second time. This time the visa officer said - some of the W2's are showing less than 40K - My wife's response was - some of the employees join later in the year, the officer did not agree - asked her to shutup (in the rudest way possible) and told her - she was going to send her I797 approval notice to BCIS and recommend revocation.
Handed her a doc that says 221g - visa officer did not find her qualified for the required position.
Well - guess what - she has a masters degree and 8 yrs of experience. Thats more than what I got and I am here on a H1!
No analysis was ever done with regards to her educational qualifications/experience.
I am now talking to lawyers to see if we can rectify this situation in some way.
 
I dont know man..

Feel sorry for you..Kitna lafda hai yaar.. Hopefully there is some law that can get her here with you on H4 or so.

All my best wishes..

Sri.
 
Hi Artusa,

If i am not bothering you , can you pls answer this. The friend checked with his employer and looks like they also have employees with w2 < 40 K and he said that should not have been any problem and the reason given by your wife was perfectly correct. He asked him if there is any work around to show not < 40K, the employer said NO, nothing like that is possible but he said that this should not have been the reason.

Secondly you said that they handed some doc 221g - visa officer did not find her qualified for the required position, but this has no relation with w2s having less than 40K?

Do you think my friend will also be in the same situation as your wife and anything you suggest for him to get through..

Thanks a lot man.

Sri.
 
labcheck

Here is the thing
- The visa officer has no understanding of the docs - your visa is at the visa officers whim and fancy - The best way to overcome this situation is to provide solid documentation as best as you can. Ensure that the W2's of the company employees ar well over the LCA (best way I am guessing is to provide LCA and W2's of same emplyees showing they earned well over the prevailing wages in the LCA)


-- >Secondly you said that they handed some doc 221g - visa officer did not find her qualified for the required position, but this has no relation with w2s having less than 40K?

Yes there is no relation - but at the visa window - you dont even have a chance to explain anything.

--> Do you think my friend will also be in the same situation as your wife and anything you suggest for him to get through..

Not sure what situation your friend is in. So cannot comment.

thx
 
Re: Similar case for my wife

Originally posted by artusa

...
Please supply information about your prospective employer in the U.S including W2 forms of ALL (18) employees

...
Click to expand...

Is it even legal to provide W-2 forms of co-workers to an employee? Would'nt there be some privacy violatons ???
 
Re: Re: Similar case for my wife

Originally posted by alren
Is it even legal to provide W-2 forms of co-workers to an employee? Would'nt there be some privacy violatons ???
Click to expand...

Certainly there has got to be violations - but the employer can send a sealed packet directed to Visa officer - US Consul

Also - lets not forget that this is India and the attitude of the visa officer is at best indifferent to the candidate attending the interview. Not to mention that there is no privacy policies, no protection of confidential information acts and absolutely no thought goes into verifying the validity of documentation supplied. And why would the officer care - there is nothing called human rights violation in India and Unfair practices are all over.
The visa officer was so damn rude to her - I was offended - my wife is a very educated and refined individual and commanded tremendous respect when she was working here (both from her collegues and her employer). Over there - a damn visa officer who probably never ever made it through high school now suddenly has the position and the ability to make a decision on whether or not the company she is working for is legit and if she is qualified enough for the position and all that in less than 5 minutes!! And not just that - she has been to the US previously on H1-B and worked for some very high profile clients from Fortune 500 companies.
I guess - Its good to be born in a developed country!!
 
Re: Re: Re: Similar case for my wife

Dude chill out! I know you are frustrated, but no need to vent it out on India.

You are forgetting IT IS INDIA and your issues are with the US Consulate NOT India. Whatever the officer is asking is from US and not from India (W-2 is a US form), so the US jurisdiction would apply on confidential information, et al ... NOT India. Again there is no guarantee that the sealed packet could be tampered and pvt. info on the employees like SSN/wages would be violated.

I don't want to belittle any parties, but the consular personnel is the officer of the same "developed country" you perceive it is a good fortune to be born in.

So just chill out and vent out on the concerned party. And kindly don't vilify "human rights and unfair practices" of India.



Originally posted by artusa
Certainly there has got to be violations - but the employer can send a sealed packet directed to Visa officer - US Consul

Also - lets not forget that this is India and the attitude of the visa officer is at best indifferent to the candidate attending the interview. Not to mention that there is no privacy policies, no protection of confidential information acts and absolutely no thought goes into verifying the validity of documentation supplied. And why would the officer care - there is nothing called human rights violation in India and Unfair practices are all over.
The visa officer was so damn rude to her - I was offended - my wife is a very educated and refined individual and commanded tremendous respect when she was working here (both from her collegues and her employer). Over there - a damn visa officer who probably never ever made it through high school now suddenly has the position and the ability to make a decision on whether or not the company she is working for is legit and if she is qualified enough for the position and all that in less than 5 minutes!! And not just that - she has been to the US previously on H1-B and worked for some very high profile clients from Fortune 500 companies.
I guess - Its good to be born in a developed country!!
Click to expand...
 
Pls help..

Hi , One small question ..

Artusa or anybody pls suggest.

Pls refer my previous coversation. My freind coming from India mentioned "Brother in USA" first time. He did not mention about Brother's wife or anything that she is on H4.

He is going now for 2nd visit to consulate, if they ask him about his brother's wife should he say she is in USA or not in USA.

I told him mostly they wont ask anything like that..pls reply soon if you know anything. he is planning to visit in a day or two.

Sri.
 
Re: Pls help..

Originally posted by LabCheck75
Hi , One small question ..

Artusa or anybody pls suggest.

Pls refer my previous coversation. My freind coming from India mentioned "Brother in USA" first time. He did not mention about Brother's wife or anything that she is on H4.
Artusa> Why did he mention his brother - anyways , that has no relation to his case and he should not be asked about this.

He is going now for 2nd visit to consulate, if they ask him about his brother's wife should he say she is in USA or not in USA.
Artusa> Does the consulate know if his brother has a wife? If not - better not bring it up. Besides - there is no reason to talk about brother in his case. If they have asked about his brother's information, that is certainly surprising. Better to consult with attorney in this matter.

I told him mostly they wont ask anything like that..pls reply soon if you know anything. he is planning to visit in a day or two.
Artusa> As long as he has all his company documentation in good order, it should be fine. All the best!

Sri.
Click to expand...
 
Hey Artusa

Hey Artusa,

Thanks for such a quick response..yah
1)He "accidently" mentioned abt his brother which we all realized after his first visit.
2)His brothers visa expired in Dec 03 and his company applied for extension, now he has all docs for his brothers extension receipt
3)Is there any way to find out if they know his brother got married, and wife in USA . Brother got married 8 months back and wife is in USA on H4. He did not mention anywhere before.

He is thinking if they come to know it can be problem for his brother also ..

Thanks
Sri.
 
My friend got visa stamped.

Hi Artusa,
My friend did get Visa stamped successfully. Just thought of sharing with you.

Thanks for helping us ...
Sri..
 
Re: My friend got visa stamped.

Originally posted by LabCheck75
Hi Artusa,
My friend did get Visa stamped successfully. Just thought of sharing with you.

Thanks for helping us ...
Sri..
Click to expand...

Congrats! Welcome to the USA!
 
Hi Labcheck75,

If you don't mind would you please please tell me company name which sponsored H1B visa? If you feel confidential, perhaps you can email it to me


amnesty
 
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