H1B stamping in chennai

[marmos]

Hi Friends,

I have a question regarding my stamping for h1b in chennai. My sixth year is completed and on to my 7th year, got my 140 approved. I did transfered my h1 from x consultant company to a Y company and it a full time employment. My question is I did not visit to india for 5 years, will there be any issues due to these . I have pay stubs for all months except for a month when the transfer was in progress and i was in vacation for that month. will this be anything i need to worry about. Please let me know..

[marmos]

could someone Please advise me on the below question, i am going for stamping next week ?

[shervin143]

The VO can ask you why you didn't return back for such a long time. Be prepared to answer that question. There is no concept of vacation when you are in H1B status (Meaning, while on H1B inside U.S). That will be treated as out of status on H1B. It is hard to predict whether that will be an issue or not. It depends on how deep they look into your paychecks and W2.

[marmos]

Thanks, I just didn't get a chance to go to India, as my parents and in-laws visited here, I can manage that. What the best way to project my situation, I was in contract and my project ends in Dec 2009 and after that there was discussion between me and my employer and finally he agreed on Jan 7th 2010 and My current company filed the h1 on 22nd and waited for receipt to start my work which Feb 2nd, so i believe i will just explain the actual situation in case they asked for my Jan 2010 Pay stub. Please let me know if there is anyother better way to handle this situation..

[shervin143]

Just go with the facts. Since you know the situation well, be prepared to answer these questions. H1B is a full time employment. Irrespective of whether you had a project with a client or not, your employer is suppose to pay you or revoke the H1B. If you, then you can complain to DOL and make them pay which will help you set right on the out of status period. Just a copy of a complain to DOL will help.

Thanks, I just didn't get a chance to go to India, as my parents and in-laws visited here, I can manage that. What the best way to project my situation, I was in contract and my project ends in Dec 2009 and after that there was discussion between me and my employer and finally he agreed on Jan 7th 2010 and My current company filed the h1 on 22nd and waited for receipt to start my work which Feb 2nd, so i believe i will just explain the actual situation in case they asked for my Jan 2010 Pay stub. Please let me know if there is anyother better way to handle this situation..

[marmos]

Thanks, just had stamping today and everything went off fine. Consular office asked basic questions like salary, my responsibilities and company information, checked my LCA,129 and paystubs. Except they did not accept my photo which I used to upload it, took another photo inside the consulate office itself. Good luck to everyone..