H4 refusal on 221g - Please share your experiences and suggestions

[kotash]

Hi Ms. Veena,

I have been noticing that you are very active in guiding people with good suggestions, and so thought may be you can help me with some suggestion in regards to my situation. (Its unique)



I am a dentist from india with software training and I came to USA in December 2000 on B1 visa.

So, with that background, once I came to USA i was here on B1 for one and half year before my H1 was approved from a chicago company as a programmer.

Around in 2003, I had to leave this company, cos they had some internal politics, and financial problems, so they were not paying me properly and I moved into a new company, lets say Company B. But when I joined Company B, I requested them that I will be working less hours per week instead of 40hrs, as I wanted to do my dental board exams and get back into my Dental Profession.

I passed my board exams, and currently from May 2005 I started working in a Hospital as a Dentist.

The situation is, my wife and son were with me all these years, and before I got dentist job, they went for vacation, and we thought that she can get her H4 stamping done in chennai. Last week she attended her interview, and got a refusal based on 221g, stating that I need to get explanation from my previous employer for paying me less. The first company does not exist anymore, and Comapny B is ready to work with me to resolve this issue.

I want to know, if this is going to affect my current H1 or legal status, what are my chances of getting H4 for my spouse and kid, how long is it going to take, or what is the letter format that I need from company B to convince INS officer in Chennai.

I really appreciate any of your suggestion, or lead that you can give.

Thank you for reading, will wait for your reply.

With best regards,


Ashok

[veena_swsh]

Hi,
You will have to write a very convincing letter to the Consulate, it would also help if you can get any proof that the Co.A has been wound up. The consulate will be convinced to issue a H4 if you have been receiving consistent income in accordance with the LCA now and have a good bank balance. Your B1 to H1b change might also be questioned. So prepare your wife to answer questions regarding your employment/timeline in the US, and ofcourse your marriage.
All the best.

[kotash]

Got H4 Visa approved for my spouse and child after 221g

Hi Everyone,

I would like to share my experience, cos I was frustrated and desperate to get some info regarding 221g for spouse and child, and thought this info of mine could atleast give some relief to all those who are going through the stress of seperation from your beloved ones.

My spouse and child got 221g requesting more explanation from my previous employers for less salary in my W2 than LCA.

I took help of an attorney and we prepared all the supporting documents from my earlier employers explaining why I was paid less than LCA, I took a supporting letter from local congressman(my local congressman emailed to INS chennai on my behalf). The local congressman's office was really very helpful and very prompt in helping me.

I took
1. Very strong supporting letter from my current employer, Director, co-workers.
2. Took photos inside and outside my work place.
3. Send all the original and copies of required docs.
4. All the previous years W2s, tax returns, current years original paystubs.
5. 6 months original bank statement
6. Notarized affidavit of support document.
7. Supporting documents from my earlier employers explaining why I was paid less.
8. Supporting document of my education and qualifications for earlier jobs and current jobs. Docs of qualifying exams.
9. All the previous docs of B1, H1, and all LCAs

But over all, we never lied anything. Just gave all the explanation on my cover letter addressing the VO of how strong my current employment is and how potential my current job is.

We just projected more positive info regarding my current situation rather than giving explanation to my earlier issues, proving that me or my family will not be a burden on US government.

Hope this info will give some relief to all of you who are going through the stress. My wife and son are joining me this week after 7 months of separation.

So, please have some patience, do your home work, get all the supporting docs that VO asks and wait for your turn to be blessed.

I WISH EVERYONE GOODLUCK!

[vrajasekhar]

H4 visa query 221 (g)

My sister got H4 visa query at chennai consulate

"Provide a Detailed and specific account of how H/L worker will be employed during the next 12 months".

Could anyone please tell me how to defend this?, employer is not willing to give 12 months gaurantee (as you know no one gives employment gaurantee here).

Thanks

[veena_swsh]

My sister got H4 visa query at chennai consulate

"Provide a Detailed and specific account of how H/L worker will be employed during the next 12 months".

Could anyone please tell me how to defend this?, employer is not willing to give 12 months gaurantee (as you know no one gives employment gaurantee here).

Thanks

Your sister should try to get a letter from her spouse's employer on the current client/project that he is working on, and also try to substantiate it with letters from the client. There is no point in saying that the employer will not give the letter. If you want the visa, you should somehow try to get some kind of a written commitment from the employer about the credibility of the employer/employment.

[nagmca]

Can you please send me the format of letters

Hi
I am facing the same situation. Can you please send me the format of supporting letter and how congressman helps.
Please send me the format letter to [email protected] or [email protected]
thanks a lot

Hi Everyone,

I would like to share my experience, cos I was frustrated and desperate to get some info regarding 221g for spouse and child, and thought this info of mine could atleast give some relief to all those who are going through the stress of seperation from your beloved ones.

My spouse and child got 221g requesting more explanation from my previous employers for less salary in my W2 than LCA.

I took help of an attorney and we prepared all the supporting documents from my earlier employers explaining why I was paid less than LCA, I took a supporting letter from local congressman(my local congressman emailed to INS chennai on my behalf). The local congressman's office was really very helpful and very prompt in helping me.

I took
1. Very strong supporting letter from my current employer, Director, co-workers.
2. Took photos inside and outside my work place.
3. Send all the original and copies of required docs.
4. All the previous years W2s, tax returns, current years original paystubs.
5. 6 months original bank statement
6. Notarized affidavit of support document.
7. Supporting documents from my earlier employers explaining why I was paid less.
8. Supporting document of my education and qualifications for earlier jobs and current jobs. Docs of qualifying exams.
9. All the previous docs of B1, H1, and all LCAs

But over all, we never lied anything. Just gave all the explanation on my cover letter addressing the VO of how strong my current employment is and how potential my current job is.

We just projected more positive info regarding my current situation rather than giving explanation to my earlier issues, proving that me or my family will not be a burden on US government.

Hope this info will give some relief to all of you who are going through the stress. My wife and son are joining me this week after 7 months of separation.

So, please have some patience, do your home work, get all the supporting docs that VO asks and wait for your turn to be blessed.

I WISH EVERYONE GOODLUCK!

[milee123]

Hi,
I am also in the same situation. My husband got 221(g) inspite of producing all the documents. Please e-mail me at [email protected] or [email protected] how you approached the congressmen.
It would be very greatful.

Thanks
milee.

[nagmca]

hi kotash , can you send me the attorney info

hi,
Can you please send me the attorney info so that i can approach him


Thanks & Regards