H4 rejected at chennai..Help me please..

H

h4chennai

New Member
Hello,

My wife's H4 visa was rejected at chennai because of mismatch in 2003 earnings and LCA salary of my previous employer. There is a difference of 35% as there was pay cut because of company financial trouble.

They asked me to explain why my salary was different. Could you please tell me how to explain them?

As far as i know the employer should inform the INS about the salary change. But he didn't do that.

Is it valid if i take a letter from the employer now..? Do i have to consult an attorney..? I have seen some of the people had same problem. But i failed to find the answer in the forum..

I appreciate your help..Please let me know if you have any knowledge in these kind of situations..

Thanks,
Raj.
 
If your salary was lowered, the employer is supposed to file an amended LCA to reflect the lower salary. By not doing so, your employer has violated H1 requirements and you happen to pay for this lapse.
 
h4chennai said:
Please tell me what I can do now..
Click to expand...

Is that your previous employer or current employer? If it is current employer, you can have him amend your LCA. If it is the previous employer, there is nothing much you can do.
Bottom line, make sure that your employer pays to according to LCA. If he doesn't, both of you are in violation of immigration laws.
You may also want to seek counsel from an experienced attorney. Unfortunately a consular officers decision are beyond US courts jurisdiction, therefore there is nothing you can do legally.
Several such cases have been reported on this forum.
 
My previous employer didn't pay me according to LCA. My current employer is paying correctly. I have been with the cureent employer for 9 months now. What will happen if I take a letter from my previous employer about the salary adjustment and ask my wife to goto Chennai again? Is it going to be a problem for me as I am in US?
 
h4chennai said:
My previous employer didn't pay me according to LCA. My current employer is paying correctly. I have been with the cureent employer for 9 months now. What will happen if I take a letter from my previous employer about the salary adjustment and ask my wife to goto Chennai again? Is it going to be a problem for me as I am in US?
Click to expand...

A letter from your previous employer is useless if he did not file an amended LCA. Is this your wife's first H4?
 
Thanks for your replies.

ya..Its first H4 visa for my wife..So what is the better option? I am in the process of cosulting an attorney.

Let me know if you have any ideas..
 
LCA Pay difference

I am also in same situation. I had a pay cut in 2003. no amended LCA.
My wife already in India and going to Consulate within 3 weeks.
I dont think I can amend LCA by then.
I asked my wife to carry all documents (including W2s), but Is it necessary to show all W2s and PayStubs upfront?? Any idea? Did anyone else out there go thru same situation? Pl. help!

hello h4chennai (if u still seeing it ...), did u solve your problem??

Appreciate your help!
Thanks!
-beep
 
beep said:
I am also in same situation. I had a pay cut in 2003. no amended LCA.
My wife already in India and going to Consulate within 3 weeks.
I dont think I can amend LCA by then.
I asked my wife to carry all documents (including W2s), but Is it necessary to show all W2s and PayStubs upfront??
--Show ONLY what is asked, Reply ONLY what is asked
Any idea? Did anyone else out there go thru same situation? Pl. help!

hello h4chennai (if u still seeing it ...), did u solve your problem??

Appreciate your help!
Thanks!
-beep
Click to expand...
 
You must log in or register to reply here.
Top