H4 query, Please help

[svejju]

I came to US in March 2005 and i got my SSN in last week of June. I joined in the client place in may last week. I have paystubs from may 22 to till date. Last month my wife went for H4 at chennai consulate. she took all the paystubs originals from May 22 . But they rejected visa under 221g
they asked the following queries:

1. Explain Why husband was not paid fro first 2 months in US? Please note that not having SSN is not a legel reason for not payment.

2. Original Bank statements.

3. Original w2 from and all paystubs.

How can i submit my w2 form with out completing one year?

What should my employer explain about the first query?
My employer is saying that, they can write a letter to consulate that I was on leave for intial two months. is it sufficient? Please some one guide me on this.

[immihelp]

While on H1, you must get paid all the time, whatever your regular salary, even if you are on bench.

It is big trouble that you didn't get paid. You can't be on unpaid leave like that in US for 2 months. Therefore, such letters will not help.

You can't have W2 as you just came to US this year. You can explain that.

[svejju]

Is there any way to resolve this problem? Could you please suggest me what needs to do?

[immihelp]

I don't there is. At least, I don't know.

[svejju]

Please some one help me on this....

I came to US in March 2005 and i got my SSN in last week of June. I joined in the client place in may last week. I have paystubs from may 22 to till date. Last month my wife went for H4 at chennai consulate. she took all the paystubs originals from May 22 . But they rejected visa under 221g
they asked the following queries:

1. Explain Why husband was not paid fro first 2 months in US? Please note that not having SSN is not a legel reason for not payment.

2. Original Bank statements.

3. Original w2 from and all paystubs.

How can i submit my w2 form with out completing one year?

What should my employer explain about the first query?
My employer is saying that, they can write a letter to consulate that I was on leave for intial two months. is it sufficient? Please some one guide me on this.

[veena_swsh]

Hi,
You need to have the right approach to convince the visa officer that you pay is now in accordance with the law. There have been cases where people with more period on bench have got visas stamped for their spouses. Its only the approach and the supporting documentation that matters.

[svejju]

Hi veena,
Thanks a lot for ur reply. My Employer is planning to produce a document implying that I was on leave for intial 2 months period. Is it okay if they provide this reason for not running the payrole for the first two months? Would it cause any problems with the consulate?
Could please give me a detailed reply for my problem?

Thanks.

Hi,
You need to have the right approach to convince the visa officer that you pay is now in accordance with the law. There have been cases where people with more period on bench have got visas stamped for their spouses. Its only the approach and the supporting documentation that matters.

[veena_swsh]

Ask your spouse to reassert more than once during the interview that your pay is now in accordance with the law (or probably more), and send the original pay stubs from May 2005 onwards, all reflecting the pay in accordance with LCA.

[madhumnc]

Please help........

hi svejju

i am also facing the same problem. my husband did not get pay stub for 2 months initially.

i also got the same query
Explain Why husband was not paid fro first 2 months in US? Please note that not having SSN is not a legel reason for not payment.

please tell me how u faced this problem.......

can anybody help......

[madhumnc]

H4 Issue.

Hi Veena,

I am also facing the same problem, what svejju mentioned. my husbend does not have paystups for first 1 1/2 months. he landed in US on June 27th, he got his first paystups on Aug 31st. But the company has given some cash advance, and taken care of his accomdation, food .. etc.

moreover he told me that they can't generate paystups, open bank accounts without SSN #.

what you suggest me in this situation, how do i face this. I am planning to go chennai this month end. Please suggest me.

thanks in advance.

[bobby_maganti]

As veena said, all that matters is the way you approach the VO. Let him know that your husband is legally getting payed now, and make sure you send the paystubs which shows all reflecting the pay in accordance with LCA. that employer letter stating leave wouldnt really support.

[apple145]

i hope u can your employer to generate the pay stubs for that period. due to some problems not generated for that period. ask him to generate now with fine. or contact **** ** **** ** for the advice and ask her to support for the letter preparation.

[madhumnc]

As per my knowledge and my husbends information, we can't generate paystaps for the previous months legally. Is it possible to generate ?.
Please advice.

[bobby_maganti]

If the employer looks after his accounts and does paystubs for his workers then he would be able to do it. If his accounts are managed by a reputable accounting firm, then I doubt it

[nuser]

Hi All,

Here I have a Question regarding the Administrator's following Comments -

Comments -->
"........While on H1, you must get paid all the time, whatever your regular salary, even if you are on bench.

It is big trouble that you didn't get paid. You can't be on unpaid leave like that in US for 2 months......"

Question -->
What about vacation? I mean, when a person goes on vacation (may be India) for 1 to 2 months, during this time he/she is not working and thats why the company will not pay to this person.
How in this scenario, will he be able to show the pay stubs?

Another Point, even excluding his vacation period, if the Gross Pay at end of the Year is More than the Amount shown on his H1-Petition, Is it still a Problem Not to have couple of Pay Stubs?

Thanks & Regards,
NS