Hi
I just got back from my wedding in India. I am on an H1b and so is my wife who received her approval in Nov.2003.
She had gone twice to the Mumbai consulate (we are Mumbai residents) for stamping but they have kept it on pending status.
THe first time(Dec9th,2003) they asked her for the following documents:
) W2 forms for other employees
2) Last 3 year tax returns
3) Major Project Contracts
4) Bank Statements
5) Quarterly emplyee tax filings if the company is less than 2 years old. (her company is more than that)
6) List of ALL h1 visa holders working for company and dates of entry and exit from USA
The company provided information for 1-5 but for 6, they could provide only for 7 employees out of the 149 total employees. We had an email from the company's lawyer stating the other employees had not left states.
a) The entry and exit dates of the seven employees
b) Email from the lawyer stating the unavailability of the exit and entry dates for the 149 employees.
These were FED-EXed from Fremont,CA and she went again for the interview on the 17th of Dec.
They carried out some investigation about the company regarding the finances. The female at
the counter told her that according to the investigation officer the company is "not good". She said that the employees are underpaid and the company is a fraud and that they would be handing over the investigation to the fraudulent department.
She said that the problem was not with her but with the company.
She also told her that I would NEVER be able to get a H1 for this company.
They took away her original I-797 petition and the LCA papers.
Basically her argument was that the wage levels of employees in this company
was extremely low.
Her passprt-the last page- shows application received on the two dates when she went for the interview. Does that mean it has been officially been refused?(am just thinking ahead, maybe for H4, in term of DS-156 form which asks the query if a visa has been refused before)
The consulate was supposed to call her on the 18th but we did not hear from them. We called them on the 23rd but they said that they are investigating and to call back after 2 weeks.
We have been in touch with her company. But we havent heard much more than that they are working on her case. Its maybe the holiday season which is slowing things down.
What should be the course of action from hereon?
1) Communicate with the company and their lawyers...How long does it take for this kind of pending status to be resolved and how much of a hand does the company and its lawyers have in expediting it.
The weird thing is that 2 employees from the same company received their H1 stamp from the mumbai consulate the very same week she went.
2) Is H4 an option if H1b case is pending?
Please advise and thanks for all your time. This would really mean a lot to us as it really has changed our perspective on life and ofcourse our recent marriage. I am back in San Diego as of now.
Thanks
I just got back from my wedding in India. I am on an H1b and so is my wife who received her approval in Nov.2003.
She had gone twice to the Mumbai consulate (we are Mumbai residents) for stamping but they have kept it on pending status.
THe first time(Dec9th,2003) they asked her for the following documents:
) W2 forms for other employees
2) Last 3 year tax returns
3) Major Project Contracts
4) Bank Statements
5) Quarterly emplyee tax filings if the company is less than 2 years old. (her company is more than that)
6) List of ALL h1 visa holders working for company and dates of entry and exit from USA
The company provided information for 1-5 but for 6, they could provide only for 7 employees out of the 149 total employees. We had an email from the company's lawyer stating the other employees had not left states.
a) The entry and exit dates of the seven employees
b) Email from the lawyer stating the unavailability of the exit and entry dates for the 149 employees.
These were FED-EXed from Fremont,CA and she went again for the interview on the 17th of Dec.
They carried out some investigation about the company regarding the finances. The female at
the counter told her that according to the investigation officer the company is "not good". She said that the employees are underpaid and the company is a fraud and that they would be handing over the investigation to the fraudulent department.
She said that the problem was not with her but with the company.
She also told her that I would NEVER be able to get a H1 for this company.
They took away her original I-797 petition and the LCA papers.
Basically her argument was that the wage levels of employees in this company
was extremely low.
Her passprt-the last page- shows application received on the two dates when she went for the interview. Does that mean it has been officially been refused?(am just thinking ahead, maybe for H4, in term of DS-156 form which asks the query if a visa has been refused before)
The consulate was supposed to call her on the 18th but we did not hear from them. We called them on the 23rd but they said that they are investigating and to call back after 2 weeks.
We have been in touch with her company. But we havent heard much more than that they are working on her case. Its maybe the holiday season which is slowing things down.
What should be the course of action from hereon?
1) Communicate with the company and their lawyers...How long does it take for this kind of pending status to be resolved and how much of a hand does the company and its lawyers have in expediting it.
The weird thing is that 2 employees from the same company received their H1 stamp from the mumbai consulate the very same week she went.
2) Is H4 an option if H1b case is pending?
Please advise and thanks for all your time. This would really mean a lot to us as it really has changed our perspective on life and ofcourse our recent marriage. I am back in San Diego as of now.
Thanks
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