Ginnu & Jaxen I'll appreciate both of ur Feedback

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programmer76

Registered Users (C)
I was laid off from my old job on May 1 st 2002 and I applied right away for H1 transfer with a consulting company in may only. We didn't do premium processing. INS raised a query & We replied to their query successfully within deadline and my H1B transfer petition was approved in December 2002. My lawyer who filed my case for H1B transfer told us that the employer doesn't have to pay me until my H1B petition is approved. So I was not paid from May to December. All this time while my H1B transfer case was pending, I was in USA and I did have a valid H1B visa stamp in my passport from the company who laid me off.

Questions I’ve are.

(1) I wanted to make sure that what my lawyer said was right and my employer did nothing illegal by not paying me until my H1B transfer petition was approved. (During that time I was sitting at home doing nothing)

(2) During my wife’s H4B visa interview, If by any chance the visa officer raise the questions about my less salary in year 2002 then should she tell them my H1 transfer case details & will they be satisfied with that explanation?If not then what explanation should she give to them?
 
No you did not do anything wrong as long as u did not get paid AND u filed for H1 transfer before ur termination date with previous employer. The day u terminate ur employment with employer is the day u lose h1 status. But I am not sure if it is required for u start working after u get a receipt OR its just a choice that you can make. If its a requirement then u did wrong..if its not then ur ok
 
That's what i exactly want to know because i need concrete answer to give to the consulate officer.

if it is required for u start working after u get a receipt OR its just a choice that you can make. My lawyer said that there is nothing illegal if i was not paid while my case was pending and i want to confirm that.
 
It is illegal to not get paid when the transfer was pending. Either you should have received payment from your ex or from the new employer.
New employer should have thought about this contingency scenario and should have taken you in their payroll.
Since your out of status time is more than 6 months, It will be risky everywhere from here on.
But do not try to falsify info at the consulate. They can figure things out pretty easily.
 
It was the company lawyer and I don't trust him that much because the way he handled my case it took 9 months for my H1 transfer! It is always good to have second opinion. From my experience after reading the forums in this website, i felt that you guys knows more than the professional lawyer and that's the only reason I asked for your opinion.
 
Thanks Jaxen . I appreciate your reply.

How can I solve this problem now?I dont even know whether they will raise this question or not.I was paid for 3 months in this period but now it seems that my lawyer and company together fooled & exploited me . They told me that i don't need to get paid while my H1 transfer was pending. they gave me the salary but didn't mention on w2.I can't even complaint against these people because my H1 still with them and i need to bring my wifeto usa. Can you please suggest any ideas on how to reply in consulate just in case they ask? What is the best possible answer?

(i) Car rental or my house rent paid by my new employer may be?
(ii) sick days vacation?
(iii)Can i say that I was paid for 3 months but salary went to Lawyer's fees, premium processing fees for my case etc.?
(iv) Or may be I was out of usa? I'm canadian PR and i've a canadian PR. I travelled few times in that year back and forth to canada.
(v)Or anything else Jaxen u can please suggest?
 
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Hi Man....

What you did is wrong. There is a law says when you joined any employer while transfer of H1 and you have receipt, then the company has to pay the Salary on W2, not through personal checks or gift checks.

You are reading this form since longtime, you could have known all these.
Ask your employer to pay complete salary on W2 which is pending from him. If he did so no problem, or ask him to adjust in the current pay atleast.

He is not doing, let him know you are complaining agnist him in IRS and also Labour as he is not paid any wages agnist the previous work you did for him. Do you have your time sheets ? If you have then he is scruedup. He will definately come to you.

Regarding the H4 Visa, I think they won't bother your salary. I am just thinking they need to have some more your company financial status, or some stuff.

I hope the interview will go smoothly.

All the best.

BaSh
 
what I dont understand the situation when u get laid off from company A and given 2 months notice for H1. Also if u do transfer to comp B within 2 weeks and not even wait for 2 months then according to law because u have filed for H1 transfer petition before losing ur previous status u are still in status even though after u filed transfer the delay in getting ur transfer is from INS and not from ur side. So technically ur not out of status.
 
Jaxen, smxhan,Bash and Ginu. Thanks for all your feedback. You guys are so helpful. I'm still confused on what to answer at consulate just in case they ask for it. Please suggest me a conclusion on what is the best answer. I promise i won't you all hold liable if god forbids anything goes wrong because i understand that you are not professional lawyers and i've not paid you any fees but you are doing it as a good will to help someone out.
 
Just tell them you are taking training for the carrier update with halfPay on long vacation.

That is the best answer I think.

BaSh
 
My wife got her H4 visa! They were more interested in knowing about our marriage, marriage photos etc rather than my w2 forms.Thank you very much for all your feeback.
 
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H4 Visa: Hi programmer76, ginnu, jaxen2 ,Bash, smxhan & others need help!

Hi programmer76, ginnu, jaxen2 ,Bash, smxhan & others need help!

To which Indian consulate your wife went for H4 stamping ?
My W-2's for 2002 & 2003 are very very less than whats mentioned
in LCA during those years i changed employers too.
Also the W-2 for 2004 is 56K i.e., less than 62K mentioned in LCA.
This Year 2005 iam making more than whats mentioned in LCA.
Im planning to get married very soon,
for my would be wife's H-4 Visa, she would need to go to Chennai
US Consulate.
1. I am wondering will this bad w-2s would affect H-4 visa stamping?
2. What things i can do to avoid denial of H4 Visa stamping at the
US Consulate?

I 'll appreciate any input/thoughts/suggestions from any of you who
knows anything about H-4 stamping.
Thank you very very much in advance.
it_pro77@yahoo.com
 
My wife went to kolkata consulate.If they ask for w2 then ask your wife to show only w2 for year 2004. Only if they insist to see all the w2s then only show the w2s of previous year.There is no specific answer to this less salary issue but out of all the possible answers you can give, answer which Bash suggested sounds good to me.

"Just tell them you were taking training for the carrier update with halfPay on long vacation"
 
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