There was a query on my Family's H4 (Wife and children, who were with me in US for more than 18 months, and they were having I-539 approved and went to India Consulate for getting stamp on their passport, during their visit to India), at Chennai American consulate.
The query says:
1) Last 6 months of Bank Statements (which I can produce and answer easily)
2) Explain the H/L worker's 2003 earnings. If less than mandated by
the LCA, please explain. ---
(my earnings were less, since I have valid paystubs for only 5 months. I was un-paid during my bench for 1st 4 months, and it took 3 more months for my employer to put me on regular pay role, and my salary was 45k/Annum. I have only Total earnings of $19k for the entire year 2003.)
3) An explanation from the petitioner / employer that may explain why the principal's salaries were well under the required minimum set by law. ----
(Since I was on low billing rate, I'm the 6th person from the endclient to receive my pay, there are 5 sub layers in between) , the LCA was for only $45k and my offer letter was for $45k)
My Question:
1) Can I answer, that I was on bench for 4 months, and I was not on regular payrole for 3 months? If not what can be the good reason to get this query passed.
2) I currently got a new offer from the good company with high offer rate, and they have filed my H1 (which will take 3 months for the approval). Once my new H1 is approved, Can I send the new Papaers to my familie's H4, not answering currnet query with Consulate?
Please suggest me with a strong legally legitimate reason, so that my Family can re-apply for H4.
Appreciate your valuable inputs.
The query says:
1) Last 6 months of Bank Statements (which I can produce and answer easily)
2) Explain the H/L worker's 2003 earnings. If less than mandated by
the LCA, please explain. ---
(my earnings were less, since I have valid paystubs for only 5 months. I was un-paid during my bench for 1st 4 months, and it took 3 more months for my employer to put me on regular pay role, and my salary was 45k/Annum. I have only Total earnings of $19k for the entire year 2003.)
3) An explanation from the petitioner / employer that may explain why the principal's salaries were well under the required minimum set by law. ----
(Since I was on low billing rate, I'm the 6th person from the endclient to receive my pay, there are 5 sub layers in between) , the LCA was for only $45k and my offer letter was for $45k)
My Question:
1) Can I answer, that I was on bench for 4 months, and I was not on regular payrole for 3 months? If not what can be the good reason to get this query passed.
2) I currently got a new offer from the good company with high offer rate, and they have filed my H1 (which will take 3 months for the approval). Once my new H1 is approved, Can I send the new Papaers to my familie's H4, not answering currnet query with Consulate?
Please suggest me with a strong legally legitimate reason, so that my Family can re-apply for H4.
Appreciate your valuable inputs.