H4-Visa for my wife refused and have a query

[jsrao02]

Hi,

This is Jalla Srinivasa Rao. My wife (she is in India) went for H4 visa and got refused.

The facts about me:

Initially some consultant company , has processed my H1B.
I came on above H1B from India to US in around Feb 10th 2005
I got SSN number around March 10th 2005.
Officially I joined a project in a company through my consultant company on April 25th 2005, on corp. to corp. , and I start getting pay stubs from my consultant.
I worked on that project till June 8th 2005 and then I went to India for my marriage.
So I got 2 pay stubs for May 2005 and June 2005 through my consultant company.
I came back to US around July 10th and joined another company as a permanent employee directly without reporting to my old employer , who holds my H1B.
Then I send my documents for H1B transfer to new company.
Through the new company I am in the pay roll from august 1st 2005.
So I have pay stubs through new company from august 1st to till date.

My wife is in India, and I have sent all the required documents (including the pay stubs what I have) to her for H4 stamping .She went for stamping to Chennai US embassy, but got refused and they are asking the pay stubs for Feb 2005 to April 2005 (which don't have) and few more documents viz:

1. Original 1040 / W2 forms and pay stubs for every year that the beneficiary worker has worked in the US

-- As per my knowledge, the above form will get only if one files a tax and as it is less than 1 year for me in US and as I never filed Tax , how can I get this form ?

2. Pay stubs need to match bank deposits

3. Need Matching Bank Statements.

4. If no work for work since Feb 2005 – May 2005, need explanation letter from employer.

I am not in contact with my old employer and he is not going to help me.
Kindly suggest me, how to over come this problem.

Thanks in advance,
Jalla Srinivasa Rao
650 504 5056

[veena_swsh]

Hi,
You are supposed to receive pay in accordance with the law for every period you have been on H1B. The consular officer will consider you in violation of status otherwise and refuse the visa of dependant. What you need to do is write a letter throughly putting all the blame on the first employer saying that he did not pay you and therefore you had moved on to a new employer. Your wife should also be told to assert during the interview that your pay is well in accordance with the law now and that you are capable of giving a comfortable life to your dependant. It will also be good if your present employer gives a letter that your performance is very good and scope of growth in the job is good. Your wife should create an opportunity during the visa interview to show this document to the visa officer.
All the best.