Tweet
Consular processing for complicated H1B case : concerns and questions
Hi ,
I received my H1B visa in December 2014 , valid through August 2017 and through a reputed employer A from India. I worked for an year in the US for the same employer and i was told that i will be terminated in December 2015. My last working day with employer A was end of december , 2015.
So i immediately applied for a H1 transfer petition in regular processing with a different LCA from employer B. I was told to send an email for vacation for a month in January,2016. I didn't find work until October 2016.
I wasn't getting paid during this time but my payroll was getting generated from March through September. For the months of March through July it was run for a minimal amount of 2000$ and for August and september for 5000$ each.
In October , my employer applied for a new petition with the new Client location, LCA and other information in Consular processing without having the first petition approved.
Meanwhile, my previous Employer A has withdrawn the H1B petition and was revoked in July ,2016.
Now for the year of 2016, i had the W2 run for 38K. 7K by Employer A (Mostly Compensation) + 31 k by employer B.
In May,2017 my first petition was denied , because we didn't provide the proof of documentation for the RFE. In June 2017 my second petition was approved without a without a I-94.
Now i am travelling to India to get my Visa stamped. But i don't know how to explain the gaps in my employment, as to what i have been doing during the time i was getting paid less, and why my W2 salary is less than the designated/required cap for a H1B.
Can you suggest something? Right now, any advice would be gold. I know i am in pretty bad shape, but i will take the best i can
Also, will this have an impact on my GC, Citizenship , if ever i decide to apply for one.
I received my H1B visa in December 2014 , valid through August 2017 and through a reputed employer A from India. I worked for an year in the US for the same employer and i was told that i will be terminated in December 2015. My last working day with employer A was end of december , 2015.
So i immediately applied for a H1 transfer petition in regular processing with a different LCA from employer B. I was told to send an email for vacation for a month in January,2016. I didn't find work until October 2016.
I wasn't getting paid during this time but my payroll was getting generated from March through September. For the months of March through July it was run for a minimal amount of 2000$ and for August and september for 5000$ each.
In October , my employer applied for a new petition with the new Client location, LCA and other information in Consular processing without having the first petition approved.
Meanwhile, my previous Employer A has withdrawn the H1B petition and was revoked in July ,2016.
Now for the year of 2016, i had the W2 run for 38K. 7K by Employer A (Mostly Compensation) + 31 k by employer B.
In May,2017 my first petition was denied , because we didn't provide the proof of documentation for the RFE. In June 2017 my second petition was approved without a without a I-94.
Now i am travelling to India to get my Visa stamped. But i don't know how to explain the gaps in my employment, as to what i have been doing during the time i was getting paid less, and why my W2 salary is less than the designated/required cap for a H1B.
Can you suggest something? Right now, any advice would be gold. I know i am in pretty bad shape, but i will take the best i can
Also, will this have an impact on my GC, Citizenship , if ever i decide to apply for one.
