H4 Visa Problem. Please HELP

S

Sudhee

Registered Users (C)
Hi All,
I have applied for H4 Visa for my wife at US Consulate in Chennai thru' TTServices on April 16th 2003. On

23rd of April 2003 , They returned all of the paperwork with a note saying that " We are unable to issue

visa at this time with a box checking saying that , 6 Months Bank Statements.". So, I Again applied with

the required documents, and 6 months bank statements in Chennai trhu' TTServices on May 11th 2003. On May

26th 2003 they returned again all paper work and asking more documents. Surprisingly this time Chennai

Consulate asking 20 documents a huge list. Here is the few of list i have mentioned.
1. W-2 forms for all people employed by the petitioner.
2. An account of your 2002 earnings. If less than mandated by the LCA, please explain.
3. A complete statement from your petitioner explaning how and why your position has been kept vacant

since the time job was offered. A generalized or non responsive statement may only delay your application

longer.
4. Request the IRS to send your / your petitioner's 2002 tax records("transcripts") directly to:
US consulate General Chennai
Consular Section / FPU
6260 Chennai Place
Dulles, VA 20521 - 6260
Re: [YOUR LAST NAME, your first NAME]
5. A detailed description of the petitioner's need for this position and how the applicant intende to

address the,. Provide specific examples.

Here is the my situation. My 2002 W2 form, earnings shows less than 50% of my actual salary(LCA). Since, I was on bench for 7 months, at that time my employer not willing to pay my salary. Now, How will i approach this kind of situation.

Please help me. Since, it has been 2 months, i am still confused. I appreciate any responses, advise.

NOTE: Here I have attached the complete list of documents asked by Chennai Consulate.

Thanks,
Sudheer
 
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Well, you can send a request to your employer to provide copies of all W-2 in a sealed envelope to be given to the US consulate.
You need all these docs or find another employer.
 
Even I got similar query.Does your wife passport has any stamping on it saying application received on so and so date..?
 
Thanks Jaxon for suggestions.
Well, I have changed my employer 3 months ago. On June 23rd i asked my employer(OLD) to send those documents, he said, since i was on bench for 6 months he was asking me give an Leave Letter, so he is going to give me a letter saying that i was not working in that company in that period. Now my question is, INS is going query again on what i was doing in between that period.
Raj, I think they have written date on it(on last page). Not exactly know what they have written.
Heh raj, How are solving this. If you dont mind can u contact me at madamraju@hotmail.com or would u give me ur email for communication purpose. I would appreciate.

Thanks,
Sudhee
 
“since i was on bench for 6 months he was asking me give an Leave Letter, so he is going to give me a letter saying that i was not working in that company in that period. “
-------- If I am in your situation I will not give the leave letter to employer, he is not allowed to bench you, he has to pay you all the wages for the bench period if you complain to DOL he will be in trouble and have to pay you full salary for the period you were on bench, benching is not allowed by DOL and it is violation of H1, he will be punished for not paying you and DOL will recover your wages from him for you.
I don’t know how you satisfy the consulate others may help you or be in touch with your lawyer and seek the advice
 
Threating the employer will not solve the problem. As far as I know we can not change W2 even if the employer pay salary now.
 
Yes, we cant change the w2 form wages for 2002 even though the employer now pays the bench salary. Is there, anything i can say with chennai consulate I was on bench and I was not paid during that period, and send all the documents whatever i have.
Even I ask my employer to send the rest of the documents asked by Consulate, he said, i can't provide now.

One more question,In how many days do i need to submit the Query?? I got this query on May 26th. Some of my friends were telling that I need to submit within 90 days. IS that Correct?

Thanks,
Sudheer
 
H 4 stamping question -HELP

All,

I have a question. I appreciate your help.

I recently changed my job and got my H1 approval yesterday and awaiting H4 for my wife and kid. They left for India before I changed my job. My question is is it a problem applying H4 when there are not in US? What is effect of I-94 in this case?
Though they have vaild I-94 on previous H-4 until June 2004, since I have applied their new H4 after left USA, I am doubting now whether i did a mistake.

Also visas in their passports have expired and needs to be stamped in India. Is it sufficient to send all required documents of mine to get stamped or I have to wait for their H4 approvals?

Please let me know.

Krivis
 
I have a question. I appreciate your help.

I recently changed my job and got my H1 approval yesterday and awaiting H4 for my wife and kid. They left for India before I changed my job. My question is it a problem applying H4 when there are not in US? What is effect of I-94 in this case?

---- ---They can get H4 stamped in India based on your H1 approval notice, they will get the H4 Visa stamped till the date your H1 approval is valid, when they enter US with H4 visa they will get the new white I-94 valid till the H4 visa expiry date
Though they have vaild I-94 on previous H-4 until June 2004,
--- ----That I-94 they have surrendered at airlines counter when they left US
since I have applied their new H4 after left USA, I am doubting now whether i did a mistake.
------ You did a mistake and wasted $140 for each H4 extension (may be lawyer fee also); extension can be only filed when they are in US.
Also visas in their passports have expired and needs to be stamped in India. Is it sufficient to send all required documents of mine to get stamped or I have to wait for their H4 approvals?
------- Send all the required documents for H4 visa stamp from your side, also mail them H4 filing receipts that you may have received for them (tell then to show only if asked)
 
Thanks, ginnu

Thank you very much.

------ You did a mistake and wasted $140 for each H4 extension (may be lawyer fee also); extension can be only filed when they are in US.

Yes. I realized my mistake. What happens now? Will INS deny their H4 petions applied in US ?

If so what are the ramifications? and my options ?

And also Can they go for visa stamping now or should they wait for INS judgment?

-Krivis
 
Sudhee

Sudhee,

I have seen the attached document you received from Chennai office and really scary. But it looks like they are asking for H-1 visa applicant. Your case is H4 for your dependants, Right?

Krivis..
 
Thanks, ginnu
Thank you very much.

------ You did a mistake and wasted $140 for each H4 extension (may be lawyer fee also); extension can be only filed when they are in US.

Yes. I realized my mistake. What happens now? Will INS deny their H4 petions applied in US ?
----- BCIS may not approve H4 as they were not in US when you applied extension of H4. Nothing to do.
---- If they get H4 visa stamp out of US then they will get new I-94 validity till the date they have H4 visa in passport
If so what are the ramifications? and my options ?
And also can they go for visa stamping now or should they wait for INS judgment?
------ They can go for H4 visa stamp immediately, no need to wait for BCIS
-Krivis
 
Hi I am Krishna,
I got the same problem that u have. H4 refused under 221 g. And asked for explanation about my status in USA. Actually I sent last year 2002 w2 form which has only 9000, two months pay. After that I went back to India and I was there in India for entire year. I did not stayied in USA for 10 months. So again this year came in Jan and I got job and working from then. Can u give me your personal email ID, So we can be in contact. Mine is kandunoori@yahoo.com. I am In Texas.
 
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HI H4 gurus, help me............

Hi gurus,
Here is my situation. I am thinking to get marry with my fiancée in December and apply for H4 visa at CHENNAI consulate in January. Since I came to USA, I am working in same company. I landed inUSA in October 2000. I have a valid H1B visa stamped till January 2006. Following is my complete earnings during my stay in USA.

1.Year 2000-Landed in October in USA. showed only one month salary in my W2 form out of 2 months 24days stay in 2000 year.

2.Year 2001- Because of project got scraped I was on bench for 3 months. During this year I earned only 75% of salary (9 pay checks) mentioned on LCA. My employer (Big Fucker) did not pay me on bench so I earned only 75% of salary mentioned in LCA during 2001.

3.Year 2002- This year was good for me and earned 100% of my salary(12 paychecks) mentioned on LCA.

4.Year 2003- I hope this year too good for me and I am quite sure by December I can earn 100% of my salary (12 paychecks) mentioned in LCA.

I am afraid what happens if I apply for H4 visa in CHENNAI for my wife in January 2004. Can you gurus please clarify me following doubts?

1. what you guys think about my situation?

2. will they reject or issue H4 visa to guy like me?

3. Are there any body in same boat and got successful at CHENNAI consulate?

Your help is appreciated. I am in total dilemma and could not able to plan anything. Please Help.....Help........Help................

Thanks……
 
Please post it in Dec 2003.You might get better response.Seeing your history it is not a problem as of now.
but as I said Visa = LUCK in chennai.
Raj
 
I am also a victim, please Help!

Hi Guys,

I am also a victim.

Why dont we all find a conclusion for this one? I tried my level best, but it is very difficult to get answers, Since you all guys might trying somehow to solve this issue.

Did anyone contacted the attorney and what did he say about this scenario? We can come up with an easy solutions based on friend's suggestions or attorney suggestions. So far have anyone got out of this problem?

Please do respond and we will all get together and try to resolve this issue.
 
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if you disclose to the consulate that you were on the bench without pay not only do you expose yourself to the possiblity that your spouse's h4 will be denied they may take action against your h1 as well as you are considered out of status if you are on an h1 and are not getting paid by your employer.
 
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..............
 
Related to H1 and H4 Query (status problem)

Hi Guys,

My wife's visa was rejected and I got a query to prove my status becoz of difference between w2 against LCA .

Question:
If I applied for a new Visa thru the same company or thru some other company and get it stamped. Will it resolve the problem?

Becoz someone said If you are out of status you have to get your Visa stamped once again and that resolves the status problem. Is that right?

Please advice me. Thanks..............
 
Hi Venkats

You said your wife visa rejected because of difference between W2 against LCA.
1.How much difference was there with your LCA?
2.How many years w2s has the problem?
3.Actually how many years w2s you submited?
4.How long you are in USA?
Can you please let me know? As I too in the same boat and consulting attorney regarding my issue. Same time I will get some useful information regarding your issue too. Let me know as early as possible. Thanks..........
 
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