H4 visa query at chennai consulate

chennai_h

New Member
hi,
The query I got is the consulate needed a detailed description of all projects i've worked in 2002 and 2003 and client contact for them. This is when my wife applied for H4. Also, this is after the query for W2, paystubs etc which were verified during the personal interview my wife had. She was asked to send the project details doc directly (and NOT use TTSVISA0 to the consulate. Did this happen to anyone ? is it a good omen?

here's my situation. I've had 3 employers
A from oct 2000 - mar 2002
B from oct 2002 - apr 2003
c from may 2003 - till date

I sent c's petition for my wife's visa and my passport has B's visa stamp till Oct 2005. As you see I have a 'gap' in employment between A and B. That was when A filed for bankruptcy and I was an employee of A. I finally got a project in Oct 2002 with B and B's visa was stamped in chennai in my passport in Mar 2003. I got lucky during H1 transfer and B's stamping as this is immediately following the 'gap' but had not issues.

Now, the way i addressed the query is by giving all details they asked, and also said I worked for A from oct 2000 to oct 2002. I included documentation about bankruptcy filing of A and that I volunteered to work from apr 2002 to oct 2002 hoping for things to improve during the bankruptcy proceedings. Now what are the chances of my wife getting H4 and that the 'out of status' being overlooked by chennai consulate.

I heard that because I got a visa stamped and transferred 2 jobs after the 'gap' I've been in status since Oct 2002 till today. Will the 'out of status' result in rejection? on what grounds?


thanks much in advance!
 
FOLLOWUP - shorter version of the question

hi,
here's a shorter version... I'd like to know what happens to H4 for my wife today if I had a gap (out of status) in my employment history (more specifically in early 2002) but got lucky and had the H1 transferred successfully and had the visa stamping for the new H1 done at chennai (with a new employer of course)...

I'm telling the 'truth' that the employer filed for bankruptcy and i volunteered to do the job during the 'gap'; and keeping my fingers crossed
 
US Consulate is looking at all the past jobs and the periods between them, seems like you went out of status after your first job from mar - oct and you may have to pay heavily for it.

Yes, telling the truth is a good idea, but has not helped many of ther candidates. Bottom line is: Consulate has a valid reason to deny the visa saying, Labor laws were violated, meaning your LCA wages did not match the W2 wages for that year for that employer.

Good Luck, Anyways !
 
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