H4 Refused Under 221g

kkprasadh

Registered Users (C)
Hi All,

I am on H1B and my visa gets expired on October 15th, my wife went for H4 july 2nd and got a query on july 16th asking her to provide the following documents,

*recent letter of offer from the US company(
original)

*photosgraphs(15) of the inside and outside of the
premises of your intended place of work.

*interior and exterior photos (15) of the pitioner's
premises and of the work premiseswhere the H1 worker
will be deployed.

*a list if all candidates petitioned by your
petitioner in the chennai consulate, the times that
they worked for u and there current whereabouts.

*a detailed description of the petitioner's needs for
this position and how the applicant intends to address
them. provide specific examples.

*interior and exterior photos of the principal at
work.

*a list of all clients and complete description ao
all active projects at intended place of work and
applicant's role, if any, in them.In each instance,
indicate who is the direct contracter with the client.

*a list of all the projects and their time lines, in
which the H1 worker has been deployed, with a detailed
explanation of the work conducted and the client in
question,Include client reference for each and every
project on the list.

*contact from the client side for each of the
company's active projects

*Original W-2 forms and pay stubs for every year
worked in the US.

I gave all the documents except the list of candidates petitioned by petitioner in the chennai consulate because my employer said he cannot provide that list as it could come up to few hundreds.

My wife went with all the other document on july 30th and got a letter today refusing her visa under 221g, it states to prove my status and presence is valid to AFU.

I dont know what to do further could someone help.

Thanx in Advance
Prasadh
 
How are you proceeding? Do you have LCA matching with W2?

Even my wife got the same query

Original W-2 forms and pay stubs for every year
worked in the US.
Explain if w2 is less than LCA.

you can email me at rajkiran1975@yahoo.com
Raj
 
IF the Original W-2 forms don’t match with the wages written on LCA and pay stubs show less salary than LCA for past or current year they may deny H4 visa and H1 holder may also face problems, employers may also be fined by DOL, they are cracking down all those who violated DOL wages law /regulations for H1 or BCIS guidelines/law/regulations to be on H1 status
 
that is what we think.My friend got his wife's passport stamped, his W2 is less when compared to LCA.

It depends on our luck.
 
no i dont have an issue with the W2 and pay stub.. i dont know the reason why they say my status is not valid even after producing my latest paystub and letter from my employer, also my case is straight forward i came under company A visa and i did not change i am still with the same company they issued the visa.
could someone tell me how do i explain or what to do further in this case to make my case clear.

do some one have the mail address of chennai consulate ?
 
Is your employer a "body shop"? Do you know of any complaints about your employer regarding immigration violations? Are all employees in your company H1 holders? If any of this applies to you, then you will have to produce additional evidence as asked. Chennai has recently started to look into their previous visa approvals amidst complaints that many fraudulent H visa applications managed to slip thru in the past.
 
they did not ask me for any additional details, they had asked me to send proof for my visa status is valid ? but i had already gave all my documents like paystubs, offer letter, w2, letter from employer.. what should i send additional for proof as my status is valid ?

yes.. my employer is body shop but they recently, last month got three h1b visas stamped.
 
H1 or H4 can be under 221(g)

If you have a difference in your salary numbers from what is mentioned in your LCA and your employer's W2, you may be in trouble.

- if the difference is around + or - 10 %, I think they are allowing it, but if it is above that, in any of the past 3 yrs, your visa will be refused, be it H1 or H4 under 221(g)

- this is because if you are not getting LCA mandated pay, then you are in violation of labor laws

- chennai is extremely strict about these issues, please be very careful

- no reasons like unpaid leave, vacation, etc or any other explanation is being accepted

Now it is unfair to get a refusal, because you did not violate the status, it was the employer who failed to give the mandated LCA wages. Can somebody consult your immigration attorney on this and find what to do if a visa is denied ?
 
i checked my LCA and the salary range given there match with my current salary and pay stubs but,
my last year W2 may not have the total annual income as i was not paid during bench for couple of months ,

also during may i went to india for 3 weeks without pay, so i dont have pay stub for the period ?

will these be a problem ?
 
Every past violation is being looked at carefully, so you may get into trouble fot that. If the difference is very minimal, then they may ignore it, but if it's substantial, you may be questioned and may have been out of status.
 
Originally posted by kkprasadh
i checked my LCA and the salary range given there match with my current salary and pay stubs but,
my last year W2 may not have the total annual income as i was not paid during bench for couple of months ,

also during may i went to india for 3 weeks without pay, so i dont have pay stub for the period ?

will these be a problem ?

Benching without pay is illegal. probably that is why the consulate is questioning it.
 
what options do i have now ?

my situation is like this..

my visa expires on october 15th with company A, in the meanwhile i got an offer and i am going to transfer my H1B to company B, because i have this status problem and my wife H4 is in AFU will there be a problem in getting the transfer ?

please advise.
 
Did you get your visa yet?

Hi,
I was just wondering if your wife got visa yet!!! Heard Chennai consulate is very strict in all the documentation including the employers. My wife is going for her H4 visa next week. I would appreciate your response.
Thanks,
Sagar.
 
no, she did not get her visa yet..

i would say dont try your luck in chennai, get an appointment in calcutta or delhi..
 
Hi Gurus!

Guys,
I wonder are there any other option bringing my wife without H4 visa in the following circumstances?

1. If my I140/I485 is already applied and married after 4 months, can my wife in India is eligible for Advance payrole and can enter US without going to Chennai US consolate?

2. if my I140/I485 concurrently applied, are there any other good advantages to bring my wife from India?

Please advice me. I will appreciate your help. Thanks..............
 
hi!!
I guess your wife has to enter US on some form of visa once here you can apply for EAD and AP and then she can travel,I don't think anyone outside can enter on advance parole
 
US consulate, Chennai: email address

ChennaiNIV@state.gov..........................Hope this helps. Someone please help me with any info.

I need to go to India as my wife is very unwell due to the visa rejection shock. Pl read below......

Along with H4 visa rejection, I was also told that I am not in proper status. In April, 2003 I had applied for my wife's H4 at Chennai. After several queries, we got a reply yday saying that they still cannot give the visa

1. I have a new H1 from a different company, can I re-apply for the H4 at Delhi. My wife holds a Delhi passport. (I know I made the mistake of applying at Chennai, I applied bcos I was based there)

2. Also, the H4 was not issued bcos my last 6 months of pay stubs did not match the LCA and W2 of 2002 was not as per LCA so they said I am not maintaining proper status. They replied saying " We have informed the BCIS Service Center that issued the original H1 petition of the situation for them to take whatever action that they deem necessary". What action can they take, will I be in trouble. I have changed my company and have a new H1 aprroved, with proper current pay stubs etc.

3. I need to visit my wife in India, can I travle based on the current situation. I have H1 stamp of my old company valid till Jan 2005, current company's approved H1 visa. WIll there be any problem for me to travel.

Please help with any suggestions. What docs do I need to re-apply for H4 at Delhi.
 
Hi Roopesh,
Sorry to hear that.I know one guy got this type of letter from chennai consulate.He got 3 months back but still there is no action taken.But his friends friend got same type of letter ,INS took immediate action and company was ordered to send back the employee within 3 days. I am not sure how far it is true.
This is not to scare you.

PLEASE NOTE IT DEPENDS ON CASE TO CASE. NOTHING IS FOR SURE.

Try to contact some attorneys, probably they might help you.

Post your query in chennai_consulate@yahoogroups.com , probably you might get some help.

Raj
 
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