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  • H4 visas on Hold

    I have been in the US since Nov 2004.
    My employer did not pay me till May 2005(since I did not have a project) and hence no pay stubs till April 2004.
    After I got my project in May 2005 I sent my family for H4 visa stamping in Aug 2005 with all the documents(including May-Jul 2005 pay stubs) at Mumbai Counsulate.
    Their visas have been kept on hold under section 221(g), and asked my family to come back with the documents any day between 10:00 to 10:30 am.
    The documents the consulate asked were :

    1) My W2 and IT returns for 2004, paystubs from Nov 2004 to Aug 2005 (I do not have these as I was not paid for 2004 hence no W2 also, my SSN was issued on Dec 22 2004)
    3) Complete History and Geography on my employer(client list, all candidates interviewed at Mumbai Counsulate, project details, etc. The list includes 14 points in the 221(g) list).

    When I asked my employer about "employers details" he said he cannot give and threatened me to send me back.

    Imm. I left the company and joined another company and got my H1 transfered but same project, since I did not want to lose the project which I brought.

    Now I want to send my family to the counsulate with new employers details after Jan 2006(after filing my IT returns)

    My question is do I need to take an new appointment or is it OK to walk in any day with all the documents of new employer ?
    I do not want to waste 3-4 months for an appointment if the counsulate asks to take a new appointment since it is a new I-797.

    Pls. advice

    Thanks

    Big G

  • #2
    Veena,

    Request you to spare a bit of your valuable time to give me a sugession on this.

    Thanks in advance.

    Regards

    G

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    • #3
      Hi Big G,
      You have done a good job by changing the employer. If your are able to get atleast 3 pay-slips from the present employer ( pay in accordance with LCA prevailing wages), then you can send your wife right away to the consulate, with a good explanation letter that your previous employer cheated you in terms of employment and payment. You don't have to wait till Jan 2006 and W2 of 2005. You will however need to explain why the pay for the period with old employer was bad, you might as well do it now. Please make sure that your wife understands all these intricacies of LCA, pay-stubs, W2s, etc. Ask your present employer too to give you a good supporting letter of employment and also a request for your dependants visa. Your letter should cover the entire timeline/employment in the US.

      And if you are in the software line working for a client, then you can get supporting letters from your client co. also.

      Your dependants need not make a new appointment, they can walk in as instructed earlier. Send them now with 3 pay-stubs and let us all know the outcome.
      VEENA
      (NOT LEGAL ADVICE)

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