Help Veena_swsh !!

[avnic]

Hi,

I came on H4 in USA which is valid till 22nd Dec 2006 and then applied for H1B which got approved on 13th Oct 2004.

Now my Employer can give me appointment letter from 25th Oct 2004. But they did not pay me for Oct 2004 and Nov 2004.
They paid my Dec 2004 salary on Jan 1st week.

I do not have W2 for year 2004.

Now when I go for stamping in Mumbai India this year,
Can I say that my employer hired me but could not pay me first 35 days since my SSN was not generated?

Also Dec 2004 salary is made in Jan 2005 so that went in 2005 W2.

Will that be acceptable or do I have to say that I was on training and that my personal expenses were covered during initial 35 days but as such pay stubs were not generated.

Thanks,
avnic

[Nishant]

Law generally allows a person not to get paid for up to a maximum of 30 days after the approval of the H1B while the individual is in the U.S., or 60 days after s/he enters from abroad.

[veena_swsh]

Hi,
The Visa Officer and the law expect that you are paid in accordance with the prevailing wages on your LCA right from the time your change of status has been approved. If you have not been paid any time during this period, take an explanation in the form of a letter from your employer. Delay in obtaining the SSN is a good reason. Mumbai US consulate is fairly lenient as compared to the one at Chennai. If you are able to assure to the Visa officer that you have been getting a good pay continuously after the initial dry phase of a couple of months, they will usually stamp the visa. But do approach them with perfect documentation.