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  • H4 Visa Stamping

    Hi,
    I was working for "A" company on L1B (expired in Jan'12) and got H1B from "B" consulting company based out in Chicago recently. In my H1B petition, it was mentioned that I was working for "X" client in Chicago but I got a Job in Los Angeles in "Y" company. I changed my job in Jan and joined in "Y" company as a consultant thru my H1 employer. My employer is running my paycheck in IL. He hasn't filed any LCA for me after I came to LA . Before changing my job, my family who were on L2 went back to India in Oct'11. Now, I am planning to bring my family on H4. Recently, I came to know thru one of my colleague that in embassy they were asking lot of documents to submit for H4 stamping. I am really concerned about my family H4 visa stamping. Can you please clarify me the below concerns that I have?

    1. Since my employer is running my paycheck in IL, do we need to file LCA before I book H4 stamping?
    2. What are the documents that we need to carry for stamping?
    3. Its been two months since I joined in new company, will there be any problem/concern we need to worry when my family go for H4 stamping?
    4. Since my paycheck is running IL, shall we go for H4 stamping without changing LCA?

  • #2
    1. Since my employer is running my paycheck in IL, do we need to file LCA before I book H4 stamping?
    >>> What your employer is doing currently is illegal. A new LCA for LA need to be filed and a H1B amendment need to be filed as well. Your tax should get deducted for LA and not IL. It is tax fraud to pay tax for a state other than the one where you current live and work.

    2. What are the documents that we need to carry for stamping?
    >>> https://www.immihelp.com/h4-visa-stamping-documents/

    3. Its been two months since I joined in new company, will there be any problem/concern we need to worry when my family go for H4 stamping?
    >>> Read the above answer. It is not advisable to let them go for stamping before you get the LCA and petition corrected.

    4. Since my paycheck is running IL, shall we go for H4 stamping without changing LCA?
    >>> Well, in case of an admin processing you will get into trouble. It is because of employers like these, the U.S consulates are very strict on all the candidates who are appear for visa interview that work for consulting companies. Search and read the posts on 221g / admin processing.
    Not a legal advice. Use of this information is strictly at your own risk.

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