H4 denial

M

Mechman

Registered Users (C)
My friend's wife applied for her H4 visa at chennai cosulate, but got rejected stating that the salary mentioned in the LCA and actual are different. Initially they asked for some papers, like photos of work place etc., and she produced it. But unfortunately it got rejected for the above reason. My friend married only a month back and now he cann't bring his wife. So guys, just imagine his condition now
Advise from anybody in this forum, to get his wife's H4 approval is greatly appreciated.

Thanks in advance
 
wat actually happend at Consulate? was it a rejection or 221g(query)?

Hey Mechman,
Was it a rejection or 221g (query), bcos as far as I've heard they can't deny any dependent, they will issue a 221g(query) requesting for more supporting docs.

Btw wat exactly happened at the Consulate?
1.Did she show the LCA & W2?
2. How much was the actual diff?
3. Was she given a chance to explain the difference on her Intvw?
4. Or was she asked to provide docs towards difference?

PS: Actually speaking , right now.. nobody see's any way out.

Thanks,
Regards,
Uma
 
H1 visas and lower salary issue

The employer is required by law to pay salary that is at least what is promised in LCA. Remember that for LCA the employer states UNDER OATH that he will pay the salary as specified. If the salary gets lower due to some reason, the employer is supposed to file another LCA reflecting the lower salary. If that was not done, then he is in violation of H1 laws. Unfortunately in this case the employee pays for the employer's violations.

Consulates of late are looking into this issue more closely since in the past many body shoppers have promised all kinds of things but never delivered. Also many unscrupulous persons have used their family/friend connection in the US (with fake or made up education and experience) to seek entry into US thru H1B route. The consulates are now re-verifying all previously issued visas.

The correct way out if this is to have the employer file new LCA and submit a copy of the new LCA to consulates.

It is better to correct it now since it may haunt one later and become a much bigger problem.
 
Re:H1 visas and lower salary issue

Hi nkm-oct23,
But the real problem, how can u amend previous years LCA, we can do it for current year, but the issue here is about previous years.

"I don't see anyway , any Employer can do this" - That's the quote form my HR.

Even though the employers are willing, they say they do not know at do? or How it will affect them.

Ultimately at the end of the day, Itz the consultants who get screwed by both Employers (No pay while on bench ) and by the Consulate's.

I'd appreciate if the consulate can penalize them and let the issue (Stamping) go smoothly. Instead the burden is on the Consultants.

I know many cases where ppl(H1) could'nt come back, bcos of this while they have their financial commitments like House rent/lease, utilities, Auto Loans, Car Insurance,CC bills and all other things jeopardised.

Now even if the consulates allow them later, again he's denied all these, as his history was screwed up while he was trying to get back here.Here again the consultant takes the heat.

R the consultants destined to all these? Is it him , who has to be at the receiving end all the time?.

I really don't know wat to tell. Iam just sick and tired of all these.

Thanks,
Regards,
Uma
 
H4 -Denial -regarding

Hi Guys,
I've gone through the comments given here. As per the immigration law, if H1 employee looses his/her job or do not get salary as given in the LCA, then it is the responsibility of H1 employee to take necessary action. It is nothing to do with the employers. If the employers do not give salary, we should ask them to give salary. If they cannot give, we should ask them to give airfare. If they do not give that too, then probably we can report INS. So it is fully our responsibility to handle the situation.

Ofcourse, it is not fair in our side, but the rule is like that. As an H1 employee, if we do not get salary through payroll, it is a violation of American Immigration Law. Earlier, state department and INS were not enforcing this law fully. They had kind hearts and considered our family life and tollerated the immigration-violation to certain level. After 9/11 attack, they are following zero tollerance level. So whomever's violations are tollerated earlier are getting caught now and being penalized. It is not their mistake nor employer's mistake. It is H1 employee's mistake. So, if you loose your job, please do not stay here. Go back and live a peaceful life.

Thanks
Joe
 
immidude74,rajkiran1975

I had to get back to my friend. He told me that the h4 was denied, not refused.

Since it is not refused, I think, there is a chance for her to go back and apply again. Am I right? Any inputs on this
 
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