H1B- Revalidation Questions - Urgent !! Please respond

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sushil27

Registered Users (C)
Hello:

I am currently in India on vacation and applied for my re-validation of H1B after 3 yrs expiry. I used the TT Services Bangalore for re-newal and submitted my renewal application on June 16, 2003. It's been 1 month (30 days) exactly today.

- When submitting the application TT Services in Bangalore informed that it would take about 2 weeks. Everytime I make a call to them, I get a standard response "it is still with the consulate".

- I submitted all the documents required for a H1B renewal like:
Approved I-797, Letter from Employer, Pay stubs, Marks Cards (though are not required), Passport, Visa Form and DD's. Only thing that was missing was the LCA copy, I don't know if that can be a problem, since the original I-797 was enclosed.

- I have been calling US Consulate, Chennai regularly and sending them an e-mail but no response from them. Is there a telephone number where I can talk to a Visa officer ?

- I did get through once and got to know the status, that a personal appearance is required in chennai and I will be notified with a letter. It's been 10 days since I heard this and am still waiting for the courier to deliver the letter and my passport.

- Here I am, stuck in India and really need to get back to work, as am out of vacations and tons of work out there pending for me.

- Meanwhile the new rule of "Personal Appearance" came in from July 14, 2003, so I am not sure if they are calling for Personal Appearance for applications which were pending.

Questions:

1. Anybody in similar boat ? Please share your thoughts

2. Once I get the letter, would it have an appointment for me or Do I need to make one ?

3. If Chennai is too back-logged with appointments, can I go to Delhi or Calcutta ?

4. Once I get my passport and papers back, Can I walk-in into the consulate any day or people with appointments are allowed ?

Please share your thoughts.

Thanks
 
Most probably your application is lined up for interview. Since interviews are not available till sept, you might get a response in late august.
You can request withdrawal of Visa application and go to calcutta or delhi and get the visa stamped there
 
I still have not heard from Chennai consulate. Is there a way to to enquire in the consulate by going personally, or I need an appointment for that too ?

Any ideas on how to expedite the processing or find out why my application is held up ?
 
more paper-work required

I finally heard back from the consulate...

I need some urgent help ! I submitted all the paperwork that was asked for by the US Consulate - I-797, i-129, LCA and last 6 paystubs.

Now they have come back and asked for last 3 yrs W2 and 3 yrs tax returns. I have been working for the last 3 yrs and have all these, but I have taken severe pay-cuts (in the order of 25 to 40 %) so obviously, the numbers now don't match with what was filed in the LCA.

What do I do now ? I was in turn compensated by more stock options. I guess many of have taken mandatory pay-cuts in the last couple of yrs due to the tough economy. Does anybody know what are laws governing these things ? How do I present all these papers to the consulate. Moreover, is it legal to take a pay-cut when the labor dept has decided that you need to be paid $xxxx ?

Your help/comments greatly appericiated ...

Rajiv Khanna & Team, can you provide any inputs here ??
 
Sushil27

Sorry to hear about what happened in your case.
Earlier this week I read one post which has an attachment with
list of documents requested for H4 visa. In the list one of the
docs requested is W2 and it also says that 'if salary on W2 is less
than that of LC explain'.So I think you will be safe if you can in
writing from your company that you were compensated by stock
options and total benifits match the amount mentioned salary.

Good Luck
Sept13

This is my opinion. I think you know I am not a lawyer. Otherwise
I would be charging you for this.
 
Has anybody consulted a US immigration attorney on these matters of discrepancies in W2 and the LCA amounts ? I am sure it's a common thing these days to take pay-cuts with the US economy tanking.

Indian attorneys should definetely have an idea on how to handle or represent the case. If you have consulted an attorney, please post your responses

Also has anybody appeared personally and spoken to a Visa Officer on this issue, What is their stand on this ??
 
I am also a Victim, please Help!

Hi Guys,

I am also a victim.

Why dont we all find a conclusion for this one? I tried my level best, but it is very difficult to get answers, Since you all guys might trying somehow to solve this issue.

Did anyone contacted the attorney and what did he say about this scenario? We can come up with an easy solutions based on friend's suggestions or attorney suggestions. So far have anyone got out of this problem?

Please do respond and we will all get together and try to resolve this issue.
 
Re: I am also a Victim, please Help!

Looks like if any of the following applies to you then you are likely to have problems in getting H1 or H4 visas at Chennai consulate:

1. Your employer "benched" you without pay. (This is illegal and can potentially put the employer in violation of H1 requirements AND the employee in violation of his/her status.)

2. Your salary was reduced below LCA salary and a new/amended LCA or H1 amendment was not filed to reflect the reduction. (Again this is in violation of H1 requirements.)

3. Your employer has had other violations or has a history of visa related investigations/frauds/complaints (Other cases like items 1 and 2)

US consulate in Chennai (and possible others in future) have started looking into these cases and are not condoning any violations, however minor. Chennai consulate has in the past allowed many fraudulent petitions to slip thru and are now waking up to the fact. Visa renewal applications present a good opportunity to re-investigate these cases.

PLEASE CHECK IF ANY OF THIS APPLIES TO YOU BEFORE YOU/YOUR SPOUSE GO TO CHENNAI FOR A H VISA STAMP.
 
Thanks nkm-oct23 for your suggestion, but I am past that state and they have given a letter suggesting an enquiry about my status. And I am under category 1 of your reply!

So I was wondering is there any other possibilities.
 
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