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  • H4 Query in Mumbai

    Hi

    my wife attended for H4 re-stamping (her visa expired in Oct 2010 along with my H1 and got extension till 2013) and she got 221G blue asking

    copy 0f I-129, cover letter for USCIS and educational equivalency report

    Petitioner`s income tax return for last two year and financial statement

    A notarized list of all the petitioner`s employees. The list should show employee`s name, their job titles, start and end date, their individual salaries, their immigration status, and which project they are working with

    A letter from the personnel department at the U..S. job site stating that there is a vacancy for you

    client letter

    My paystubs from 2008(was in US since 2008)

    w2 forms

    all my experience letters

    bank statements



    I am able to provide all the documents other than initial 5 months pay in 2008 as i was on bench and did not get paid......In 2010 i moved to new company

    from Oct 2008 till today i have all the pay stubs.(from old and new empployer)

    I work for a consulting company which is big in size and very proper documentations. I am working on a genuine in-house project and the project is from one of the nations big client in his domain.

    they are submitting each and every piece of paper requeted by VO officer.

    My lawyer also preparing the document to consulate explaining why they hired me and regarding the employement with my current company.

    now my question is as i dont have initial paystubs for 5 months with my old employer how it will effect stamping and further any queries.

    my current employement is good with all the required evidence.

    attorney said current employment matter most.

    i am away from wife and mostly my 1 yr old kid.

    what are my chances.
    Last edited by aka75; 12-22-2011, 12:24 PM. Reason: typo

  • #2
    No one can predict your chances of a successful stamping. Being out of status is always an issue. Like the lawyer has mentioned, the most recent pay slips are more important. There are chances the VO might overlook the old pay slips issued in 2008. If you are able to submit all the other documents, then the chances are high.

    Did the VO particularly asked for the 2008 pay slips?
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      h4 query

      no he mentioned my stay from 2008 till today.

      she has valid i797 and went from stamping . her H4 is valid till 2013.

      my attorney is sending huge bunch of documents and personal letter to consulate with a detailed description about my current job and company strength.

      Comment


      • #4
        I don't think the VO is expecting all your payslips for the last 3 years. The issue could be your W2 for 2008 which will show less than the approved LCA. Since you are able to get all the required doucments and the lawyer is documenting the case properly, the chances are high.

        Originally posted by aka75 View Post
        no he mentioned my stay from 2008 till today.

        she has valid i797 and went from stamping . her H4 is valid till 2013.

        my attorney is sending huge bunch of documents and personal letter to consulate with a detailed description about my current job and company strength.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          H4 query

          As I mentioned I was on bench in 2008(came to us in apr 2008 and my pay started from oct 2008)and my w2 shows less
          My question is does my old employment effect any deniel

          Infact I have all the yrs w2s

          My current employment is proper no issues

          Sry for lot of questions I'm little worried
          Last edited by aka75; 12-22-2011, 01:02 PM. Reason: Mor info

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          • #6
            You are not getting the point. There is no concept of "bench" when you are in H1B. You need to work and get paid. If you don’t get paid by the employer, then you need to complain to DOL and make the employer pay to maintain the H1B status. No one can predict whether you being out of status in 2008 will be an issue now or not. It totally depends on the VO to decide. They have all the resources to verify and match your W2 with the LCA. The VO can overlook the case since it was 3 years back or even don’t dig that deep and look only at the latest documents and make a decision. This isn't something a forum member can predict. Like I keep mentioning in my previous replies, usually the VO may let it go as it happened about 3 years back. But no one can guarantee that in a forum. You need to go for the interview and find it for yourself. Since your recent records are good, the chances are pretty good.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              H4 query in Mumbai

              Thanks Shervin.

              Appreciate all your quick responses. Will see how it goes.

              Comment


              • #8
                Please help me

                I am also in same situation. I came in 2008 in USA, stayed for 4 months witout paid with my old employer. Last year i changed my employer and after that i am getting paid regularly.

                I am planning to go to india in couple of months and will also for for visa stamping.

                Please advice me too.


                thanks

                Comment

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