H4 to H1 Visa Stamping in Chennai

R

rajshivs

New Member
Urgent..

My wife came to US on a H4 Visa in Apr 2001 which expired in Oct 2001. I switched jobs twice after that. I revalidated my H1 in Oct 2002 for my present job from the Dept of State.

My wife got a H1 here and has been working in a small company in the Medical field from Mar 2002. We are planning to go to Chennai in a few weeks and we are afraid that her H1 visa stamping could be rejected for some reason. Can any one inform us if this could happen and if it happens can she come back on my H4.

Will there definitely be an interview in the consulate? What all documents will she need to carry for this? Do they ask for photos of the company? What are the risks of going to Chennai to do this?

Any feedback is appreciated..
 
we got these docs...

Docs needed :
1) H1 approval notice , I-129, LCA photocopies certified by lawyer.
2) Paystubs from the start month, some in between, and of the past 2-3 months. W2 from last year, tax returns.
3) Company appointment letter, Current employment letter from Company, format approved by lawyer. Get more company brochures about revenue/products/employee numbers etc.
4)Educational verification, degree certs, previous employment letters, US degree equivalence certification.
5)I know chennai has the precedence to ask for company photos and driving directions to that place. so please take those as well.
Also take the business cards of her supervisor and a couple of collegues...maybe even the HR.
6) Ofcourse the photos, passport, demand draft for fees.
7) Marriage certificate/husband's passport photocopy.

There will be an interview since she has not got the same kind of visa in her passport. If she has worked here legally and always gotten paid as expected by the LCA etc, she will have no problems at all.

I got my first H1 from Chennai and at that time it was a breeze since I did not have a degree or experiance from suspected universites and non existant companies.
 
Thanks tt tt for your response.

My wife is the first employee of this company which does medical consulting work for various hospitals. There is no HR department or administration department in the company. The company just now filed a work permit for another employee.

Does the fact the company is so small affect her chances of getting the visa stamped? If at all the Visa is rejected what is the next available option? Is there a big risk here going to Chennai?
:confused:
 
Dont worry...

my wife had the same problem too..working for a 3 man startup. However make sure you have all the documents..company income tax records, company's business license number, revenues etc. all that will make the officer comfortable that the company can pay as expected in the LCA. My wife got it with no problems in Mumbai..last year.
The chance of a delay is greater at chennai, since sometimes they send over your degree or experiance letters for a check to see if it is valid. but you got to take that...the other option is not going to India at all ? you cannot put your life on hold for such things.

I too have agonised long over such decisions..if her H4 visa is still valid and they refuse the H1 then even if she tries to come back her I-94 (latest) will have H4 status so she will not be able to work anyway.
So take all docs that will support her job description...degree/transcipts/experiance letters/certificates. get a letter from the company that explains why your wife is the best match for the job at hand.
she will be ok !
 
IRS certified tax returns?

Hello,

I am in a somewhat similar situation - working on H1 for a 2 people company (I am the second.)

I was considering to visit my home country (Russia) this year to see my relatives and get a visa stamp at the consulate. My immigration attorney has stopped me by words that her experience is that consular officers do not like (??) small companies and I am guaranteed that the officer will ask for Original transcript of tax returns from IRS of the company's last two year's tax returns (not file copies). :(
She says that the possibility is 100%. If it happens, it will take 3-4 months to receive these certified copies from IRS. Then, it is up to the consular officer to determine WHAT INCOME is enough to satisfy LCA requirements (or to hire a foreign employee.) :mad:

1. was anyone warned by their attorneys about such an unfortune possibility?

2. does anyone know what numbers (minimum income/profit) is enough for a consular officer to be convinced that the company has capability to pay the wage specified in LCA?

3. tt tt, could you, please recall if your wife's company had income or loss at the time she applied? Approximately how much?

My company's profit became a loss in the year 2001 due to a robbery at the end of December (crying...) In the year 2002 we are going to show some profit BUT I am uncertain HOW MUCH is ENOUGH? I do work for the company. But my immigration attorney said that the company's tax return will not be in my favour...

Any related info?

Thank you.
 
Last edited by a moderator:
dumok...

1) It takes less than 2 weeks to get IRS certified copies of previous tax returns, if you want actual photocopies of your tax return certified bythe IRS it takes les than 60 days...I have done that for my own personal tax records, dont see how company records will take longer.

2) I think loss/profit is not so important as revenue. If the company can show money in the bank or enough revenue to cover salary for all employees...you could be fine ( MY OPINION ).

3) My wife's company had a revenue of $250K at that time. I dont know about profit/loss. $250K was mentioned in the LCA and also that number of employees were 3.
 
"1) It takes less than 2 weeks to get IRS certified copies of previous tax returns, if you want actual photocopies of your tax return certified bythe IRS it takes les than 60 days...I have done that for my own personal tax records, dont see how company records will take longer"

tt tt how to get IRS certified copes?
any form to fill up? any fees to be paid? I would like to get copies or records for my last 3 years tax paid from IRS.
 
Go to IRS.gov

there you will see a number
1-800-???-1040..call that..in the automated menu..
you will hear if you want to get a file copy of your return
( which is free and is sent to you in 15 days ) or if
you want an actual photcopy of the real return that you
submitted either electronically or by mail ( this takes
60 days..and I think they charge a fee for this)..Call
in the morning..just in case you have to talk to a rep
you can get it done soon.
 
Thanks tt tt. You are right - You cannot put your life on hold for these reasons. My biggest worry is that war with Iraq will start this month, leading to demonstrations and other problems in the region, prompting a cutback in US personnel in the consulates and delaying the visa process. I guess you will have to listen to you gut feeling here.
 
You must log in or register to reply here.
Top