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H1B Rejection Query

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  • H1B Rejection Query

    Hi,
    I am planning to goto to India for my brother's marriage and i need to go for stamping also while i am there. I took an appointment at chennai consulate. I had couple of questions regarding that.
    1. I just checked my W2 was not run correctly. I live in NJ and worked in Maryland for 3 months in the months of April,May,June. After June i got a new contract in NJ and started to work there from then on. But my employer did not change my address and ran my paystubs and W2 for the rest of the year with Maryland address. My main worry is whether the VO checks that address on W2 and my NJ address and is there a change of query or rejection. WHat can i say in my defence.
    1. In the worst case scenario, If my visa gets rejected, i can come back as H4 as my wife is already a H1B holder. After coming here as H4, can i re-apply for H1 again? I had already completed 6 years of H1 and this is my 7th year. How soon can i re-apply for H1 after my status is changed H4? Should there be a 1 year gap for me to reapply for H1 again? Please advice.


    Thanks in advance.

  • #2
    [*] I just checked my W2 was not run correctly. I live in NJ and worked in Maryland for 3 months in the months of April,May,June. After June i got a new contract in NJ and started to work there from then on. But my employer did not change my address and ran my paystubs and W2 for the rest of the year with Maryland address. My main worry is whether the VO checks that address on W2 and my NJ address and is there a change of query or rejection. WHat can i say in my defence.
    >>> Are you talking about the W2 for 2010? If yes, have you already filed your returns? If not, you can correct it while filing the tax returns. Check with a tax consultant.

    [*]In the worst case scenario, If my visa gets rejected, i can come back as H4 as my wife is already a H1B holder. After coming here as H4, can i re-apply for H1 again? I had already completed 6 years of H1 and this is my 7th year. How soon can i re-apply for H1 after my status is changed H4? Should there be a 1 year gap for me to reapply for H1 again? Please advice.
    >>> Have you started your GC process? Is your labor filed 365 days prior to your 6th year end? If not, you will have to spend 1 year outside U.S to get a fresh 6 year period on a new H1B CAP. You can enter a be a dependent though.
    Not a legal advice. Use of this information is strictly at your own risk.

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