US consulates should stop harassing spouse of H1-B holder.

R

Raju678

Registered Users (C)
I agree with INS’s initiative that any one who is misusing H1-B visa or is out of status should be identified, asked to leave voluntarily or deported as the case may be, but the method they have chosen to identify these H1-B holders is not fair.

Lately there have been a lot of cases including mine where US consulate first expect a tones of document to be submitted and then takes weeks of time to process those documents. The delay is attributed to the fact that they are investigating if H1-B holder is in status or not.

Here is the problem.

1)US Consulate has no guidelines as to how much time it will take, they don’t pick up their customer support phones, no tracking number or any status update.

2) I personally think that if they have a problem with principal’s H1-B status then they should sort it out in US rather than making their spouse wait for the entire period when they verify those documents. After all if some thing is wrong with the H1-B status, principal visa holder has to leave anyway and dependents will leave with them.


As you will understand that this is very frustrating for the person who is waiting for things to happen and has no clue how long it will take.

I would like to hear your comments about this.

Thanks
 
Many who came from Chennai side submitted Fraudulent documents in the past they are responsible, and you will note that only Chennai is asking lot of documents. In Past 3-4 weeks there was a post that some one submitted ‘Dummy Pay stubs” and facing problems for H4 of spouse, these people are responsible and make others suffer.

Many employer in past got H1 for relatives/friends and they came to US with fraudulent documents submitted and never worked in H1, they are working on Gas stations, Grocery stores, employers are being investigated.

If you have genuine case the Visa is approved, BCIS is now more concerned of your past Status or employer paying wages according to LCA, it is BCIS or DOS policy we cant do anything.
 
I agree with Ginnu completely. Chennai is now trying to re-verify all the suspicious visas issued in the past. A pending H4 application presents such an opportunity to investigate the original H1. Because of familiarity with local situation a US consulate is in a better position than BCIS to identify genuine visa cases. It is perfectly legitimate (and definitely necessary) to weed out unscrupulous visa applicants and those who managed to slip thru the cracks during the IT boom days.
If your case is clean and can provide the documents asked for (or provide convincing arguments why the documents asked for cannot be provided without jeopardizing employers business interests.)
In the past many H1 visa holders have managed to come in with fictitious and falsified educational records and work experience. It is time to send those guys back. USA is not the place for cheaters.
 
If BCIS or INS thinks that people on H1B are illegal or out of status then they should catch in US but not outside US.
They should verify documents while issuing H1B.Once H1B is issued then they should not check in the past.There is no point.
It is the mistake of INS that gave H1B during the boom period.Now they should not harass dependents.
 
rajkiran1975:
Completely agree with nkm-oct23
“USA is not the place for cheaters”


If BCIS or INS thinks that people on H1B are illegal or out of status then they should catch in US but not outside US.
--- -----They have every right to catch in US or refuse visa out of US, if they find H1 was applied with Fraudulent documents, they have every right to refuse visa to dependents if they find wrong documents were submitted by H1 holder or employer or H1 holder did not receive Salary according to approved LCA that was filed with H1B and they ask for W-2
They should verify documents while issuing H1B.
------- FYI Now they check all the documents from Chennai side candidates, because it was Chennai consulate from where they got most of H1 issued on fraudulent documents in the past, now they have anti fraud unit in Chennai consulate and they are checking all the past records. Delay in dependent Visa is due to the people who submitted fraudulent documents in past, they need to be punished, many honest people are suffering because of these people

Once H1B is issued then they should not check in the past.There is no point.
--- Why they should not check the past records? They have every right, you are allowed by a country to work on a particular Visa and that is based on particular education and other requirements to be fulfilled by employee and employer who hires. They can check any past records, revoke/ refuse visa, send you back any time with out reason, it is not your country. They can pass any law that H1, H4, L1, L2; O visa is no more applicable. It is US government matter, you don’t have any rights to question if you are not citizen of US.
It is the mistake of INS that gave H1B during the boom period.Now they should not harass dependents.
------- That time INS did not know that Chennai side people are dishonest and submitted fraudulent documents for H1. They came to know later and discovered it, now they want to punish these people. Nothing wrong in this they must be punished, dependent visa is based on H1 holder, if H1 is fraudulent then how do you expect the consulate to issue visa to dependent?

If the case is clear, no fraudulent documents were submitted, no unauthorized work done in US, stay was legal and H1B salary matches on W-2 with LCA then no problems for visa for dependents (if marriage is genuine). You can’t blame US consulate for delay in Visa processing or asking for more documents and to investigate the past cases. Those who submitted fraudulent documents in past are to be blamed, because of these people other genuine cases are being investigated or delayed for spouse visa
 
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Yes, I totally agree with ginnu & nkm-oct23. The guys who submitted the fraud documents in past are responsible for this. But still the guys who did this before are getting their dependent visas in a week or two. Let me explain:
Recently two guys, who didn't have any pay checks and/or W2's from the past 3 years, drop their wife's visas in Chennai consulate without any W2's, but with some dummy pay checks. They got the visas in 7-10 business days. I don't know, what the hell the Chennai consulate is doing? If they are going to filter the illegal H1, they should have to ask for all required documents. I am not saying any against the illegal H1's. We won't change those guys until this country allows them.
The Chennai consulate may have so many problems with these illegal H1's. But we were suffering, because of their delays. I dropped my wife's H4 on June 23rd, still I didn't heard any. I tried to reach them by phone/email. No one is picking the phones and no response for emails too. TTS is saying they don't know any.
Finally what I want to say is 'This country need us more than we need their $'s'. If they say
Just I want to share my experience with you guys. I don't want to hard any. Please excuse me if did any mistake.

Thanks
Sunil
 
I agree with you.It is our bad luck that it is catching us.I know few guys whose H4 visas got stamped without paystubs.
visa = luck in chennai.
 
I agree, they need to do background checks and all but what I expect from them is...

1) Professional behavior. Let us know how much time it will take and then give us a way to follow up on things. They can't just say that this kind of thing can take anyway between a week and a year.
2) Or may be give visa to spouse and then keep the inquiry going. If the visa were revoked later on, the principal visa holder and the spouse would have to go back.
 
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