Jim/Jaxen please help - Chennai consulate - H4 and W-2's issue

A

avtmr

Registered Users (C)
Hi,

In the year 2002 i worked for 3 companies.

company A until the end of Jan 2002. The amount in W-2 from this company is 5K.

Company B until the end of Oct 2002. The amount in W-2 from this company is 12K. I was on bench for 5 months.

From Nov 2002 i started working for company C. The amount in W-2 from this company is 13K. Still i am working for company C.

Now my wife wants to go to Chennai consulate for her first time H-4 visa. I am in software and my position will get 60K per year.

These days Chennai consulate is asking for W-2's of H1 visa holder for H-4 visas. If they add up all my W-2 totals for the year 2002 the total is 5K + 12K + 13K = 30K which is less than 60K. Is this going to be a problem during her H4 visa interview.

During H1 visa tranfer from A to B, B to C i got the approvals with I-94's with the same number on the I-94. My job with company C is a permanent position and i am having all the other documents required for H-4 visa. I will also get a letter from company C that i am working for them from Nov 2002 until now.

What are my options.

1. Submit all three W-2's from A,B and C for year 2002, and submit all pay stubs from C from Nov 2002 until now.
2. Submit the W-2 for year 2002 from just company C, and submit all pay stubs from C from Nov 2002 until now.
3. Do not submit any W-2's, just submit all pay stubs from C from Nov 2002 until now.

Jim, Jaxen or others who faced this situation before, please reply. Thanks in advance.

avtmr
 
HI,
We victims of W2's and Pay stubs,We aplied recently.
Now a days Chennai consulate is very strict, better to wait for some time.

Thanks
Ad
 
Even I too suggest the same.

adevaram - Can you share your problem. (I am having the same problem what avtmr mentioned.)
 
Hi All,
I am the victim too. My sincere suggestion is dont send ANY W2 Forms. Only send 3Months Paystubs(Latest) with Bank Statement thats it. Since, On June 7th my friend submitted for her wifes H4 visa without any W2s.His wife got stamped her H4 visa without any issues. If you submit the W2s you may get query, if u dont thats all possiblilities but its more secure right.

Sudheer
 
No need to submit W-2s. Submit only when asked and provide the honest explanation if asked why wages are below the prevailing (employer did not pay..)
 
They are specifically asking for to submit W2.Even If we don't submit they might ask to submit W2's. Moreover we cannot say that Employer did not pay as INS asks us why you did not complian to IRS.
How can we respond to this question.
 
Yes, if you are asked to produce w2's and Tax returns, then what is the choice you have to produce it. You can explain the circumstances etc.,
 
Has anybody contacted a US immigration attorney on how to handle these kind of situations, what is the advice they have ? Please post if you've had any discussions.
 
Hi sushil27,
Can you contact me at madamraju@hotmail.com. Does you have same problem like me. My 2002 earnings is less than the LCA.? I got this query. I am keep contacting attorneys in this regard.

thanks,
Sudhee
 
I spoke to attorney. He said, you have to submit the document as much as you have. Tell the trugth what excatly your position, and if chennai consulate deny the H4 visa, then you can contact state department and fight with them.
Whats your phone.? Can you send your phone madamraju@hotmail.com for touch base and to resolve the issue.

Sudheer
 
Hi,

The very first post is mine in this thread. I am getting married in Oct 2003. I will get one W-2 for this year for 60K from my present company C in Jan 2004. So is it better for my wife to wait and attend for her H-4 visa in Feb 2004 in Chennai consulate with this W-2. Jim/Jaxen or others please advice.

Thanks,
avtmr
 
I think that is the best solution.I am in that problem now and there is no solution. Avoid going to consulate until everything is normal there or wait till next year.
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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Option 1: Dont submit any W-2s
Pros: If they are satisfied with the paystubs then no hassle
Cons: If they ask for w-2s and your w-2s are questionable, then you are dependent on the visa officer's mercy of allowing subprevailing wage w-2 or him/her finding your past employer in fault and not punishing you or your spouse.
Rejection possibility is still there

Option 2: Wait till w-2 stabilizes
Pros: we are in the 8th month, another 5 months + (you assume that after receipt of w-2 for 2003 you would be able to apply for h4 only during feb 2004), you might have a safer passage
Cons: What if rules change and they want your 2002 w-2?
What if H visa is abolished? what if you are laid off again and w-2 goes sub prime?

My suggestion ( based on risk evaluation, not based on any immigration law) is to apply for h4 when you have a healthy 3 month paystub in hand... Submit past w-2s if asked and tell the truth. Once again, my opinion
 
my wife too have the same problem.. its better advised not to do in chennai consulate.. they are too tough on people now..
 
Thanks Jaxen and Rajkiran

Thank you Jaxen for your suggestion, but I am past that state and they have given a letter suggesting an enquiry about my state as rajkiran. So I was wondering is there any other possibilities.

Thanks Rajkiran, so no attorney is ready to take up the case becoz of the current scenario or due to our problem.
 
If you have been benched or were out of work at any time during your stay in the past few years, the possibility of the visa denial is pretty strong, be it H1 or H4 visa. If you have taken a paycut also you are in trouble, however it's less than 5-10 %, then you should be ok, but otherwise you will be in trouble.

They are finding it out based on your W2's for the last 3 yrs and comparing it with your LCA pay.

However, if that happens (visa denial), what are your options now ? Can you still get another H1B from another employer ?

According to attorney's the violation is from the company and not a personal violation from the applicant ? Has anybody thought about it at all ?
 
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