Hello Jaxen, Jim - Need your advice.

A

agupt

Registered Users (C)
Here is the situation that I am in -
 - I came here on tourist visa on Sep 2000 - got a job over here - got INS approval notice with new I-94 on Jan 2001.
 - I went to Canada for h1b stamping in March 2001 - got refused - they told me that I need to get it done from India.
 - Now since December 2001 I have been working for my Company at 30% paycut.

Now the thing is that I want to travel to India to get H1b Visa stamping -but I am too worried of getting rejected because of the reasons mentioned above - also It has been almost 20 months since I have been here - I really do not know what to do? How ahould I present my case? Please help?

Thanks
 
You might need docs from the company for reduction in pay

If there have been some company wide reduction in pay your accounting/finance can give you written explanation. Another thing to remember is that if the 30% pay cut keeps you above LCA wage conditions or not.
 
On what basis was your Visa refused at canada?

They should have given you a reason. Just make sure that all the those deficits are covered. They rarely reject a H1 based on immigration intent. So your visa transfer is not an issue. Most consulates have a list of documents required for a H1 stamp. Collect them all and comply.
 
Thanks, but the scenario is more complicated then it seems

1. You see uptil now I never had H1b Visa stamping done on my passport - In Canada they refused me because they told me that for first time H1b stamping I have to go to India. I have a letter from Canadian Embassy stating the reason for refusal - will that do?

2. And as far as paycut is concerned what should I do - The reason employer gave me was that he was running short of funds because of the recession - so I am worried that if I take my recent paystubs - they show considerably less salary - what should I say if the Visa Officer asks me?

3. And what if they ask me why I changed from tourist to H1b Visa - because as far as I know a person on tourist visa is not allowed to look for a job - what would sound convincing?

The only thing that I am worried about is going to India and not being able to come back if I get refused - if that happens not only I will loose my job - but I have made some investments in stock market over here - and staying on lease - so all that too will be lost.

Is it pretty common for people to come on tourist visa and get it converted to H1b Visa?

What do you suggest - what is the probability of getting an h1b visa stamp on my passport?

I really appreciate your response.
Thanks
 
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Thanks, but the scenario is more complicated then it seems

1. You see uptil now I never had H1b Visa stamping done on my passport - In Canada they refused me because they told me that for first time H1b stamping I have to go to India. I have a letter from Canadian Embassy stating the reason for refusal - will that do?

*** That letter should be sufficient to document the reason of denial at Canada, but that doesn;t put in any strong ground. A change of status from B-1 to H-1B should naturally pose questions regarding your intent when you entered USA. You should be prepared to do such explaining if required.

2. And as far as paycut is concerned what should I do - The reason employer gave me was that he was running short of funds because of the recession - so I am worried that if I take my recent paystubs - they show considerably less salary - what should I say if the Visa Officer asks me?

**** What you should consider is having another LCA done and amend the H-1B petition if the pay cut is significant.

3. And what if they ask me why I changed from tourist to H1b Visa - because as far as I know a person on tourist visa is not allowed to look for a job - what would sound convincing?

*** Probably you did not ask yourself this question when you entered this country?? You could have looked for a job from India, got your H-1B and then entered. Why didn\'t you do that? You should be able to find out one good reason for this...I do not think anybody else would be able to bail you out of this.

The only thing that I am worried about is going to India and not being able to come back if I get refused - if that happens not only I will loose my job - but I have made some investments in stock market over here - and staying on lease - so all that too will be lost.

*** You can very well stay on until your green card is processed before you plan of leaving the country. there is precedence for this.

Is it pretty common for people to come on tourist visa and get it converted to H1b Visa?

** Yeah there are people who have done that; but I suppose there are not many who are visiting this site now a days, so you may not be able to get their input.

What do you suggest - what is the probability of getting an h1b visa stamp on my passport?

****Your guess is as good as mine. weigh your options and decide yourself.
 
In addition to debasis\'s responses I wish to add ...

2. What is the salary mentioned in LCA. Ask your employer to give a letter about this pay cut.
3. A person in a non immigrant visa can transfer to another non immigrant visa but should generally wait for 3 months before applying. That is the thumb rule.

About probability of getting the stamp. One cannot put oneself in somebody\'s shoes and think like him/her. Your guess is as good as mine. You can stay here in US as long as the I94 is valid. Maybe the situation will turn around in another 6 months and then you can go to india to get the stamp.
 
Thanks Jaxen and Debasis

Here is further information -
- The salary mentioned in LCA is 60K but now my salary is reduced to 45K - will this require a new LCA - or just a letter from the employer will do?

- I got here on tourist visa on september 10 2000 and the receipt date on INS H1B Approval Notice is December 7th 2000 - The actual Approval date id January 31st 2001 - Does this satisfy the thumb rule?

I actually came over here with the intent of just visiting - but then I got this job offer which I accepted - How should I convince the Visa Officer about this?

Thanks
 
Need an amendment..

You definitely need an amendment becoz the reduction is about 25%.

You changed visa within 90days. You do carry an immense risk. However INS would have examined this and probably did not think that your intent (while getting tourist visa) was not for work. But the same cannot be said about the state dept. under which the consulate comes.

Finally weigh your options and decide on the next course of action.
 
Thanks Jaxen

I guess I will have to wait for some more time before deciding to go to India - For now it seems very risky - I will try to find a new job with atleast 60K salary - and then try to go to India after getting h1b transfer.

Thanks for the information.
 
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