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221g query for H4 please help

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  • 221g query for H4 please help

    Hi all,

    Iam on H1B from past 3 years..In this 3 years I was on bench for 4 months every year for first two years..My employer didn't paid me when I was on bench. I recently got married and send my wife for the H4 stamping.She got the 221g with the query of W2's for both the years in which the amount was less then the LCA..The consulate asked me to give all the W2's along with affidavit from the employer stating why they were unable to pay the desired wage....My employer is ready to pay me the back wages now but the problem is they dont want to take the risk of commiting that they are guilty in the court of law by not paying the desired wage...The consulate basically wants to know why I was not being paid for that period..Iam just in a big mess now..unable to understand...Please help and guide me thru some ways to tackle this kind of issue...Or if there is any kind of solution to this kind of problem....

    I really appreciate your help......

  • #2
    You are between a rock and a hard place! I have no suggestions for you since you want to remain with your employer. Your story should be a warning to all about the consequences of working for an employer who does not abide by US law.


    • #3
      Thanks for your reply..But the situation here is My employer wants to help me out by paying the back wages...andgiving me the affidavit But he doesn't know what he should write in the affidavit.The attorney to dont know the consequences what will arise if the employer commits to be guilty for not paying the wage when I was on bench...

      Do you have any idea if I switch my H1 to some other employer..Will that help me in getting the H4 visa stamped for my wife....???if its there ,then can you please guide me how to proceed on that....?

      Please reply....


      • #4
        Somebody even suggested me to show sickness leave..But for showing that you need a medical certificate..Which I think its not possible to get it in USA...

        So will this excuse be a valid one that I was on sick leave..that is the reason I was not been paid in those months..

        Do you all have any idea what Kind of questions they will be asking if I tell them that I was on medical leave....

        Please reply.....


        • #5
          Dont lie! You will make things worse for yourself.

          Ya, you cant get a fraudelent medical certificate in US as system cannot be tweaked. Basically you were out of staus for 4 months each year. What was done cannot be undone. Go find a solution for yourself now.

          May be come clean!?
          Wait for other's advice though, I dont want you committing suicide

          Hmmm.... looks like they are tightening the screws


          • #6
            Lying to US immigration is wrong and will create even bigger problems when they catch you in the lie (as you have already found). In addition, you may have problems with the IRS. If you thing the USCIS is bad, get crosswise with the tax people!

            While OP may scoot through the system, he is not likely to have his wife in US with him given the circumstances and what he is willing to do.

            You knew what you and your employer were doing was wrong. I am afraid that you are stuck returning to your home country.

            (Are you also getting the idea that there is little sympathy for people who knowingly violate US law.)