Hi,
Mine is a sad story. Came here on June 19th on my new H1. First time on a temporary worker's visa (company A). The H1 papers were approved long back in feb 2003. due to some circumstances, i had to stay back in india without applying for visa. I applied for visa and got it from delhi embassy in May 2003. We appd for my wife's H4 to chennai consulate(the most notorious, horrible one) by drop box in May 2003 and they sent back the papers in June 2nd week 2003 with a query asking how/why the job is kept vacant till now. My employer A replied for the query. By then he asked me to be here. So I landed on june 19th. Once she got the letter, she applied again to the consulate with my I-94 copy by drop box. This was on June 28th 2004.
The consulate sent back the papers again asking for my previous years paystubs, W-2s, tax returns in US. they didnt look at any paper we submitted. They asked her to come in person with proper appointment. In the mean time, I appd for a job transfer here with a nasdaq listed products company B. They asked me to join them on aug 2nd. I started working from aug 2nd with new employer B here. They got only the transfer receipt by then.
My wife went on aug 3rd (I started working with new company from aug 2nd) with all the docs(not the new employer's docs as I didnt have the approval yet). The officer there rejected 3 B-1s from a very reputed company it seems. When my wife submitted all the docs, he sarcastically said it seems, oh 2 B-2(my Indian company screwed these) rejections and 2 H4 rejections. He saw the docs and asked her to submit the answer for query 1 ie how/why the job is kept vacant it seems. he said that he found no evidence in the employer's doc explaining why it was kept vacant it seems. Luckily he asked her to come on any tuesday,wed,thurs it seems. We were planning to send her the coming tuesday with the proper explanation from my earlier employer A. Today my new employer B(where I am working right now) got the approved H1 transfer papers and gave them to me.
My question is, with whose H1 papers should we apply for her H4 now? Isnt it illegal to apply with company A's H1 papers? As I already started working for company B with the receipt (b4 the approval came) on Aug 2nd, and as my wife went for H4 with papers from company A on aug 3rd, wont it be difficult for her to go now with company A's docs with all possible explanations required? Or is it fine to go with company A's docs? Or is it advisable to go with company B's papers? Is there a chance of them questioning y she is applied H4 on Aug 3rd through company A rather than company B where I already started working?
Please give me some inputs plz
Mine is a sad story. Came here on June 19th on my new H1. First time on a temporary worker's visa (company A). The H1 papers were approved long back in feb 2003. due to some circumstances, i had to stay back in india without applying for visa. I applied for visa and got it from delhi embassy in May 2003. We appd for my wife's H4 to chennai consulate(the most notorious, horrible one) by drop box in May 2003 and they sent back the papers in June 2nd week 2003 with a query asking how/why the job is kept vacant till now. My employer A replied for the query. By then he asked me to be here. So I landed on june 19th. Once she got the letter, she applied again to the consulate with my I-94 copy by drop box. This was on June 28th 2004.
The consulate sent back the papers again asking for my previous years paystubs, W-2s, tax returns in US. they didnt look at any paper we submitted. They asked her to come in person with proper appointment. In the mean time, I appd for a job transfer here with a nasdaq listed products company B. They asked me to join them on aug 2nd. I started working from aug 2nd with new employer B here. They got only the transfer receipt by then.
My wife went on aug 3rd (I started working with new company from aug 2nd) with all the docs(not the new employer's docs as I didnt have the approval yet). The officer there rejected 3 B-1s from a very reputed company it seems. When my wife submitted all the docs, he sarcastically said it seems, oh 2 B-2(my Indian company screwed these) rejections and 2 H4 rejections. He saw the docs and asked her to submit the answer for query 1 ie how/why the job is kept vacant it seems. he said that he found no evidence in the employer's doc explaining why it was kept vacant it seems. Luckily he asked her to come on any tuesday,wed,thurs it seems. We were planning to send her the coming tuesday with the proper explanation from my earlier employer A. Today my new employer B(where I am working right now) got the approved H1 transfer papers and gave them to me.
My question is, with whose H1 papers should we apply for her H4 now? Isnt it illegal to apply with company A's H1 papers? As I already started working for company B with the receipt (b4 the approval came) on Aug 2nd, and as my wife went for H4 with papers from company A on aug 3rd, wont it be difficult for her to go now with company A's docs with all possible explanations required? Or is it fine to go with company A's docs? Or is it advisable to go with company B's papers? Is there a chance of them questioning y she is applied H4 on Aug 3rd through company A rather than company B where I already started working?
Please give me some inputs plz