Employer is not providing letter for H4

[modi_rushabh]

Hi,

I'm on H1 from 1st October, 2011 and trying to get my wife here on H4. My employer is not providing me employment confirmation letter.
I have all the rest of documents like I 797, I 129, LCA, marriage certificate, Photos, recent paystubs, etc. My question is, Is it really necessary to have employment confirmation letter ?

[shervin143]

Without that how will the VO know that you are really employed right now or not? If you are in H1B status from Oct 1st, then you should be working and getting paid from Oct 1st. If not, you are out of status on H1B and a H4 for your spouse is not possible. Why is the employer not giving you the employment confirmation letter? Do you have the offer letter stating that your employment start date is Oct 1st? If yes, that will work.

If an employer is not willing to give you an employment confirmation letter, that means they have not provided you any work and they have no plans of paying you until they find you work. In such case, you should complain to DOL and make them pay to maintain your H1B status. Irrespective of whether they have provided you work or not, they should pay you when they hold your H1B.

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-holder-responsibilities/

https://www.immihelp.com/h1b-visa-em...int-procedure/

[modi_rushabh]

Thanks you so much for quick reply. Actually I'm working on a project since last 11 months. I have all my pay-stubs up to till date. He just giving me some false reason like its not good time for appearing for H4, it might affect on your status as well. My employer saying that they might query your H1 as well. I don't know why he saying me that. I'm in status, getting paid regularly. The only problem is he's not willing to give me employment letter for H4.

I was wondering that, only my recent paystub will work?

[shervin143]

It depends on the VO. You can certainly try. If they want to verify your employment, then they will issue her a 221g. But there are chances that the VO might not even ask for the employment verification letter and approve the visa with the help of the other supporting documents.

Ofcourse the VO is going to check your H1B approval notice when your wife appears for the H4. I am not sure why it would be a problem for your employer. I should be something wrong. You should consider changing your H1B to a better employer.

[modi_rushabh]

Thanks again for your reply shervin. Just wanted to ask you that, Will my client letter can prove my employment varification? If my client mention that they contracting me through my employer. Will it work?

[shervin143]

Client letter and employment verification letter are two different things. Only your employer can certify that you are actually employed with them. However, it is good to have the employer name in the client letter. Like I said before, the VO might not even ask for the employment verification letter.

Thanks again for your reply shervin. Just wanted to ask you that, Will my client letter can prove my employment varification? If my client mention that they contracting me through my employer. Will it work?

[kabkaba]

Paystubs are normally acceptable to prove employment status.
Your employer's concerns are not completely unfounded. Recently consular officers have denied H4 applicants and sent the corresponding H1 petitions back to USCIS. This is more likely if you have any vendors in the chain.

[modi_rushabh]

Thank you so much for your reply. I'm actually confuse about my situation. I'm not sure Is it three layer model(EVC) or just employer and client. Let me give you some brief about my project.

In my project end client is government agency. The client I'm working for is private company and they have the whole responsibility of this project. I'm reporting my work to them and time-sheet is also signed by them. I'm not even working at Government agency's location. Even in my I129, I've never mentioned about end client. So what is your opinion? Should my wife go for her H4 ? Will it affect on my H1 ?

My wife has three rejections on F2 also.

Paystubs are normally acceptable to prove employment status.
Your employer's concerns are not completely unfounded. Recently consular officers have denied H4 applicants and sent the corresponding H1 petitions back to USCIS. This is more likely if you have any vendors in the chain.