H1b expired while processing CP.

[sm1980]

Can you experienced guys please guide me on my CP at Mumbai. I'm in India since long time for some urgent personal problem, after applying CP . In between my H1b has expired on June 2003 and waiting to get my CP done at Mumbai. I have a notarized employment letter from my employer that the job is open for me after approval of my GC. Now my IV visa fee has been deposited at USA and sending my Packet 3. My question here is what should I mention as my present company in DS230 Part? Should I mention the present company where I'm working in India? Is that a problem? If yes what is the possible solution for the particular case?

If anybody having similar case or some idea please post it here or can email me.
Your early and valuable suggestion will be highly appreciative.
Thank you.

[JoeF]

Re: H1b expired while processing CP

> Should I mention the present company where I'm working in India?

You have to. Never lie to them.

> Is that a problem?

No. You have a good reason for working in India: your H1 expired, so you are not even allowed to work in the US right now.

I've been there, done that. Actually, I worked as independent subcontractor for 2 companies after my H1 expired while I was waiting in my home country for the CP stuff to finish. This did not even come up in the interview.

[sm1980]

Salary is less then, shown at LC

Thank you very much, now I’m little relaxed. My employment letter shows that I’m getting 10,000 less than, shown at LC i.e 50,000. What shall I do now?

[JoeF]

Re: big problem

Umm, the salary offered to you in the employment letter must be at least the salary specified in the LC.
In fact, it has to be the higher one of the salary in the LC and the prevailing wage. Otherwise, no GC.