H1B revalidation- Urgent.

A

anappa

Registered Users (C)
Hi,

I applied for revalidation in chennai through Dropbox on 10th may and My visa got rejected with reason 221(g).

They asked for following documentation.

1. Explain your 2003 earnings.

My w2 form showed less salary as I was on bench for( 15 days once in jan and 1month in April). I was working in Dallas then, I believe it is less than what is mandated in LCA. Did I already bite the bullet here or is it OK if I can show some reason other than being on bench why I was not paid for ?? As the gaps were small??

2. Provide a detailed and specific account of How H/L worker will be employed during the next 12 months??

3. An explanation from the petitioner/emplyer that may explain why the principal's salary were well under the required minimum set by law??

The petition was filied in texas but my work location was specified in CA. AS they filed in TEXAS they set my wages at $55K. I know that CA minimum wages are higher than $55K. How do we explain this to consulate??

Can any of you please suggest the course of action for me so that I can get the VISA stamped.

Soujanya
 
anappa said:
Hi,

I applied for revalidation in chennai through Dropbox on 10th may and My visa got rejected with reason 221(g).

They asked for following documentation.

1. Explain your 2003 earnings.
---submit and explain
My w2 form showed less salary as I was on bench for( 15 days once in jan and 1month in April). I was working in Dallas then, I believe it is less than what is mandated in LCA. Did I already bite the bullet here or is it OK if I can show some reason other than being on bench why I was not paid for ?? As the gaps were small??
------- let the employer explain on letter
2. Provide a detailed and specific account of How H/L worker will be employed during the next 12 months??
------let the employer explain on letter
3. An explanation from the petitioner/emplyer that may explain why the principal's salary were well under the required minimum set by law??
-------let the employer explain on letter
The petition was filied in texas but my work location was specified in CA. AS they filed in TEXAS they set my wages at $55K. I know that CA minimum wages are higher than $55K. How do we explain this to consulate??
------- did you have LCA for CA location??? if you were working in CA then employer needed to file new LCA for that location
Can any of you please suggest the course of action for me so that I can get the VISA stamped.

Soujanya
Click to expand...
 
I verified the minimum wages for CA for my position. The minimum age is $52K. It was my previous employer who screwed me up. He said,he would pay $48K first and then, he actually paid only $42K. They wanted explanation for that.



I just wanted to make sure that my employer gives an appropriate reason so that I could get my visa stamped.

Soujanya
 
urgent help needed

I m in the same situation as u were in but i was on bench for a very long time..almost half the year..now i have come for the stamping n they questioned me regarding my salary for that year and issued me 221g asking for more info on what i did that year..i told the officer that i had accumulated leaves for 3 years and so was on a long vacation and the rest of the period i did in house project for my consulting company..
i have the leave of absence as a proof of the vacation..but m still not prepared to go to the consulate..
if theres anything u can tell me to help me in my case i shall b highly obliged
 
mars_moh said:
I m in the same situation as u were in but i was on bench for a very long time..almost half the year..now i have come for the stamping n they questioned me regarding my salary for that year and issued me 221g asking for more info on what i did that year..i told the officer that i had accumulated leaves for 3 years and so was on a long vacation and the rest of the period i did in house project for my consulting company..
i have the leave of absence as a proof of the vacation..but m still not prepared to go to the consulate..
if theres anything u can tell me to help me in my case i shall b highly obliged
Click to expand...
I'm pretty sure that you cannot take an UNPAID leave of absence while on H1B.

Under the regulations of the LCA, H1B worket must be paid at all times - so you can only take a paid leave (like the normal vacation that is accumulated).

So this won't work in your case.
 
what if i tell them the truth this time that due to a slag in the market conditions i had a bad time getting a job..and my wife was unwell,her trying to become pregnant and then becoming pregnant..with all the pregnancy problems and nobody there to help us..affected my search for a job..
one more thing is there any place where i can appeal,i mean what can i do in my case?
most of the lawyers have advised me to go for a fresh H1 but wish to know how easy or difficult is that gonna b coz consulate is stilll gonna verify my previous records and stampings in the passport..
y dont the INS reject the petition I797 in US itself and stop create so many problems during stamping?
Y dont they realise v have left our house in an alien country where nobody has time even to wind up things for u..
 
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