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Clarification for H4 Visa after H1 Transfer

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  • Clarification for H4 Visa after H1 Transfer

    Hello All,

    My family is going for H4 Stamping. After comming to USA i have changed from company 'A' to Company 'B'. I worked in company A from February to July. And than joined company 'B' in August.

    The last Payslip in company 'A' was like July 11 to July 25 and Pay date on July 31. I have joined company 'B' in August. And started working with the client from August 5. The offer letter says the candidate should join no later than August 5 and the offer was made in July. The I-797 i have contains receipt date as August 5 and notice date as August 11. But as such the H1 Transfer seems to have happened on July 30 itself as Notice of Action - Approval Notice I-797 issued by DHS is received on July 30 and approved on August 11 as stated by the Attorney. I believe the Application received by DHS on July 30 could be Fedex receipt date.

    I have the payslip from company B from August 1 onwards. The first payslip has a slightly lesser salary than full salary may be they have have taken out 2or 3 days. They have paid some amount as Bonus in later month.

    I have few questions for visa purpose. Can someone please clarify.

    1) What date can i take as my start date. Is it August 1 or should i take as August 5.

    As such in the Employer Verification letter given by my company they did not mention any Start date. It was a generic letter mentioning about my designation and Annual salary.

    Is it mandatory to mention a start date in the Employer verification letter. If i have to mention start date is it better my family for H4 Visa says as August . ( They have offer letter as a reference for this which mentions candidate should not join later than August 5 ). Also i have a payslip from August 1 to August 15 but slightly lesser salary than the regular salary i get.

    2) Is it better i just have this generic employment verification letter as it is. It seems to be the standard format for my company as given to other employees. That way the confusion i have can also be side tracked.

    Also for employment verification letter can my family take a printed copy of the scanned document as i have to modify it again and may need to send the latest after getting the Appointment date as i have already sent most of the documents.

    3) Regarding the last payslip in first company 'A' the dates are July 11 to July 25 and Pay date on July 31. That way i effectively dont have pay for 5 days technically. Can this be a problem ( as in out of status ) if the visa people can look so detailedly. ( For H4 or later also for my H1 extension ).

    4) Is it better for H4 Visa do we also take the last payslip of Company 'A' and first Payslip of Company 'B'. Or the W-2 forms and Tax returns of that year is sufficient.

    Regards

  • #2
    1. The date you started working is your start date.AUg 5th.
    2. Any format is fine. One with a particular start date is better. Send the original not a scanned copy.
    3. Minor gaps will be ignored. Need not worry about that part as long as H1b transfer was approved with an attached I-94.
    4. Only current job pay slips are important. You can forget about company A payslips. W2 and tax returns are sufficient.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Clarification for H4 Visa after H1 Transfer

      Hello txh1b,

      Thanks for your time and reply to my queries. Its clear to me. But i just want to mention first point more clearly.

      I just want to mention that i have started the project with the client of the company 'B' on August 5 as that was the start date with the client. They also paid a lesser salary for the 1st payslip. Later i negotiated for full payment but they paid 1 or 2 more days as bonus in later month.

      I dont need to report to my company 'B' at all except over phone and i work on contracting projects. But for all practical purposes it was assumed that i am joining in August itself.

      So if needed to fix my H1 starting date with Company 'B', can i take as August 1 also. This is for my understanding which will be helpful for me now and later also like for H1 extension or Green card.

      There are 2 things, The I-797 i have contains receipt date as August 5 and notice date as August 11. And Notice of Action - Approval Notice I-797 issued by DHS is received on July 30 and approved on August 11 as stated by the Attorney. So as per rules any H1 transfer person could work after July 30. Can you please confirm what i understand is correct. So if that is correct i can even mention my start date as Aug 1.

      Can you please look into this query.

      Regards,

      Comment


      • #4
        Based on the I797, USCIS seems to have got the package only on August 5th and a join date prior to that would be illegal. If what your attorney says is true, then the receipt date should have been prior to July 30th.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          H4 Visa after H1 Transfer

          Thanks a lot for your reply. So with the I-797 i have i think its safe to say that Aug 5 is my start date. Is that correct. Or is it better if i mention after Aug 5 like Aug 6.

          Comment


          • #6
            H4 Visa

            Hi txh1b,

            Can you please suggest if Aug 5 is better or Aug 6 is better to mention as start date.

            Regards

            Comment


            • #7
              Mention the date you actually started work. I have given you what date is legal.

              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

              Comment


              • #8
                H4 Visa

                Hi txh1b,

                Thanks a lot for the reply.

                Regards

                Comment

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