H4Visa stamping

[sumathireddy]

My wife didn't get pay for 7 months .Now she went to India for H4 visa stamping .Can anyone tell if it would cause visa rejection even when she says that her company didn't pay her for that period.Isn't it really the company's fault not placing them nor paying them.

 

[sushil27]

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

- 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

 

[wains]

In Case If the guy comes to US towards the year end (say came in september or october), in that case his/her W2 shows very much less than his LCA wage. Are they going to reject in that case also?

 

[parimal_r]

are u saying that she is changing status from H1 to H4 since she was not paid for seven months?

it is true that if u r not paid for such a long time, Chennai is considering it as out of status during H1..so they can reject either H1 or H4..