Need help....221g issued for H4 at Chennai

[Girisham]

Hi all,

My wife went for H4 stamping at chennai on 19 feb 09. The Visa Officer asked for my employment confirmantion letter,which states that I am working from May 2008 and the pay stubs (pay stubs show my hire date as Oct 08) , She gave him last 4 months pay stubs, still he wasnt convinced and issued a blue colored 221(g) form asking for all my pay stubs from May till date and the W2 form for 2008.

Now the real problem is, even though I came to US in April 2008, I got a job only in october 2008. Till that time I was not paid salary. I have W2 form but for only 3months (Oct, Nov & Dec 2008).

Now the Employer is not willing to Cooperate in this matter. In the current situation I am finding difficulty in H1 transfer, at the same time I can't complain to DOL becoz I may lose the job.

Is there a way to get the H4 stamping done by showing that I am now very much in H1 status and that what ever has happend was beyond my control?

Can any body please help me as to how to proceed in this matter, i am absolutely clueless.

Any suggestions are more than welcome. Its very urgent.

Thanks in advance.

Girisham

 

[JohnThomas82]

Your next course of action is within the description of your issue -- respond to consulate with all true facts and cleary mention that you have been maintaining status at this time. The consular officer may find the reasoning to be okay, in which case your problem is solved.

Since the consular officer has background on 221(g), if you or your spouse tries to present any untrue facts, it will open a brand new can of worms and you will put yourself in deep trouble.