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Inconsistent pay checks Stamping risk

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  • Inconsistent pay checks Stamping risk

    I am in a tricky situation in regards to H1B stamping. I am planning to attend marriage in India in last week of May'15.

    My previous VISA was stamped in Hyderabad consulate and expires on June 1st, 2015. I will have to get stamping again for my new employer's I-797 which is valid till Oct 2016. On my previous visa I was full time employee hired as a graduate but currently I am in EVVC model which carries more risk.

    My current employer did my H1B transfer originally with client letter from a client in Virginia in Dec' 2013. I never worked for that client but worked for 3 different clients so far since then, LCA was filed each time but H1 has not been amended.

    My pay was consistent with LCA in 2013, but about 40% higher in 2014. From Dec '14 to Feb '15 I was on bench, so my employer did pay stubs for minimum pay at 35/hr to prevent loss-of- pay from dec'15 - march'15 which is about 8 pay stubs(bi-monthly) at half of my previous salary. Pay stubs in April'15 and future will again be same as LCA. All my pay stubs have hours listed on them.

    Will the inconsistent salary amounts and no H1 amendment pose a big threat of rejection at Hyderabad consulate. It will be very sad situation for my family and me I cant make it so I'm trying to calculate my risks here. Would greatly appreciate your input members!

    Thank You very much.

  • #2
    Originally posted by rvegi View Post
    I am in a tricky situation in regards to H1B stamping. I am planning to attend marriage in India in last week of May'15.

    My previous VISA was stamped in Hyderabad consulate and expires on June 1st, 2015. I will have to get stamping again for my new employer's I-797 which is valid till Oct 2016. On my previous visa I was full time employee hired as a graduate but currently I am in EVVC model which carries more risk.

    My current employer did my H1B transfer originally with client letter from a client in Virginia in Dec' 2013. I never worked for that client but worked for 3 different clients so far since then, LCA was filed each time but H1 has not been amended.

    My pay was consistent with LCA in 2013, but about 40% higher in 2014. From Dec '14 to Feb '15 I was on bench, so my employer did pay stubs for minimum pay at 35/hr to prevent loss-of- pay from dec'15 - march'15 which is about 8 pay stubs(bi-monthly) at half of my previous salary. Pay stubs in April'15 and future will again be same as LCA. All my pay stubs have hours listed on them.

    Will the inconsistent salary amounts and no H1 amendment pose a big threat of rejection at Hyderabad consulate. It will be very sad situation for my family and me I cant make it so I'm trying to calculate my risks here. Would greatly appreciate your input members!

    Thank You very much.
    I wouldn't put a number on the chances. Do you have latest LCA and client letter?

    This is my opinion not legal advice.

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    • #3
      Yes, I have LCA and client letter.

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