H4 issue

R

roopesh_k2002

Registered Users (C)
Would appreciate if someone could help me.

Hi,

When I applied for my wife's H4 visa at chennai, they denied the visa due to the LCA & W2 difference and also told me that I am out of status. Its been 6 months since I am married and my wife is still in India.

1. I have a new H1 approved and have 2 recent pay stubs as per LCA. Should I re-apply for the H4 now or wait for some more time and collect more pay stubs.

2. What about the W2 forms, will the consulate still deny the visa based on earlier documents.

3. My wife's passport is from Delhi, I applied from there bcos I was based in Chennai, Big mistake. My question is, since I have already applied once from Chennai, can I re-apply with new H1 from Delhi or I have to continue with Chennai since the file is already started there.

4. Even though I received an email that the H4 is denied, we still havent received the passport and docs from Chennai. They keep saying they will contact us in one week. Its been more than one month now since the denial. What can be done. Can I contact DOS here.

Please give me your suggestions.

Thanks
Roopesh
 
Roopesh, there are many waiting w.r.t this issue (H4 - W2 Vs LCA)

Hi Roopesh,
First of all, as per my knowledge(Although Iam not an attorney), They can't deny or refuse any dependent visa, they wud have raised a querry requesting more doc's from the prinicipal applicant.

Well, for the LCA Vs W2 issue, there's no solution yet, hopefully someone shld get thru' and may be if he/she posts his/ her experience, we can get a break thru'

Further you can refer this thread....

http://boards.immigrationportal.com/showthread.php?s=&threadid=100730

Hope that might be of help to u.

Can u briefly explain wat happened at Consulate's off?
How much diff did u have?

Btw, how can Chennai consulate say u r "Out of status" ?

Thanks,
Regards,
Immidude

Note: Iam not an attorney and these are my views and are not legal answers.Kindly consult an attorney.
 
Roopesh

please provide all information to get answers. you have not metioned when you joined a company, how long you worked, your salary, w2 dollar amount etc.

When I applied for my wife's H4 visa at chennai, they denied the visa due to the LCA & W2 difference and also told me that I am out of status. Its been 6 months since I am married and my wife is still in India.

1. I have a new H1 approved and have 2 recent pay stubs as per LCA. Should I re-apply for the H4 now or wait for some more time and collect more pay stubs.
may not be useful. once consulate decides that you are out of status they have it in their records. first proved all information about your work, salary and w2 details

2. What about the W2 forms, will the consulate still deny the visa based on earlier documents.
mostly yes

3. My wife's passport is from Delhi, I applied from there bcos I was based in Chennai, Big mistake. My question is, since I have already applied once from Chennai, can I re-apply with new H1 from Delhi or I have to continue with Chennai since the file is already started there.
not sure if that would work. generally consulate put a note on the passport that the prior visa request was denied for so and so reason. also there is a law that you cannot attempt to file visa on the third attempt if you dont have strong document. if the third attempt was denied that person will not be allowed to get any kind of visa in the next 2-3 years
4. Even though I received an email that the H4 is denied, we still havent received the passport and docs from Chennai. They keep saying they will contact us in one week. Its been more than one month now since the denial. What can be done. Can I contact DOS here.
they cannot hold your passport. try to contact consulate and request them to return the passport and other documents. you can try to get help from your local senator and request them to notify the consulate to return the passport

w2 vs lca issue: if w2 does not reflect the equal or greater than lca wage then it should atleast be 95% of the wage indicated which is allowed.
there are several option to justify the difference:
1. if the payroll is run once a month then you can argue that december paycheck is run on jan of next year which will be reflected in the next year w2.
2. if you take any vacation you should mention that loss of pay
3. if you take any sick day - no work no pay
etc etc
 
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