Regarding H1B AAP process

[sidiqsikkander]

Hi All,
Hope you are doing fine. I have few question regarding H1B AAP process.

First 221g Date --> July 24th 2009
Doc submitted date --> April 13th 2010
Second 221g(AAP) Date --> April 23rd 2010
Doc (D-160 and others) submitted date --> June 28th 2010

There was delay for submitting documents each 221g. For that second 221g (AAP), I submitted documents on June 28th 2010. It is almost after two months.

1. Is that true that after we submit the DS-160 only, they will start the process AAP ?
2. In my case, as I said that, submitted DS-160 on June 28th 2010. will it take another 2 month to get result?
3. Is there any way to know where the process?

I really appreciate your response as soon as possible.

Thanks,
Sidiq

[shervin143]

1. Is that true that after we submit the DS-160 only, they will start the process AAP ?
>>> They will start the process only after receiving all the documents requested in 221g. So the answer is YES.

2. In my case, as I said that, submitted DS-160 on June 28th 2010. will it take another 2 month to get result?
>>> What 2 months? 221g process will take it's own course of time. Might be within a week or might take more time than you expect. Search for 221g in immihelp for experiences from other members.

3. Is there any way to know where the process?
>>> You can track your case online using the 221g case number handed over to you. You can also call the consulate/VFS helpkine (I doubt that you will have much information from them).

[sidiqsikkander]

Got another 221G

Thanks for your response. I got all the submitted documents back from Consulate and they asked to submit below mentioned documents via VFS drop box.
1. __ Your license to practice your profession in the U S.
2. __ Evidence of previous work experience in the petitioned field.
3. __ Evidence to extension of legal status in the U.S
4. __ Copies of all pay slips and monthly bank statements for the following Period:
5. __ A notarized letter from the petitioner explaining the failure to pay the approved wage for the following period:
6. __
7. __

Here I have few question. Could you reply?
1. what I have to submit for option 1 and 3 ?.
2. I worked totaly 3 companies (exculde current employer). I do not have experience letter and releving letter for last company but have offer letter. Can I submit offer letter as response to option 2 along with other companies experience letter and releving letter? will it any problem?
3. For the option 4, they asked me submit all pay slips and monthly bank statements but they did not mention period. I worked april 2007 to june 2009 in us and close to last one year I am in india because of these visa process. In this case, How many months of pay slip need to submit? will it fine last one year of pay slip from june 2008 to june 2009 ?
4. what I have to sumbit for option 5? am I need to submit or employer have to provide document or what ever for that option 5?

Thanks in advance.

Thanks,
Sidiq

[shervin143]

1. what I have to submit for option 1 and 3 ?.
>>> Copies of I-129, I-797, LCA & I-94 cards.

2. I worked totaly 3 companies (exculde current employer). I do not have experience letter and releving letter for last company but have offer letter. Can I submit offer letter as response to option 2 along with other companies experience letter and releving letter? will it any problem?
>>> This is why experience letter is very important when you leave a company. The same is required when you file for GC. Since you don't have it, a copy of the offer letter and a notarized letter from your x-colleagues who worked with you in the previous companies clearly mentioning your full name, date of birth, period you were with that comany, your designation and your roles and responsibilities will do. This letter should contain the full name, address, phone number and email of the person who is signing it.

3. For the option 4, they asked me submit all pay slips and monthly bank statements but they did not mention period. I worked april 2007 to june 2009 in us and close to last one year I am in india because of these visa process. In this case, How many months of pay slip need to submit? will it fine last one year of pay slip from june 2008 to june 2009 ?
>>> Last 1 year should be fine.

4. what I have to sumbit for option 5? am I need to submit or employer have to provide document or what ever for that option 5?
>>> You need to get a notarized letter from your employer stating why they failed you pay you the wage where you don't have pay slips. I doubt your employer is going to give you this one.

[sidiqsikkander]

Thanks for your reply and really appreciate your response. Here is another doubt from you answer for option 5.

what I have to sumbit for option 5? am I need to submit or employer have to provide document or what ever for that option 5?
>>> You need to get a notarized letter from your employer stating why they failed you pay you the wage where you don't have pay slips. I doubt your employer is going to give you this one.

This is my 2nd employer. I got approval (I-797) for this company from Aug 2008 to July 2010 and worked to their client from Aug 2008 to June 2009 and after I came to India for my vacation, stamping and got 221g. My new employer did not fail to pay that period (from Aug 2008 to June 2009). Since this is case. Do I or employer still need to give any notarized letter?

Thanks in advance

Sidiq

[shervin143]

If you have play slips for the entire duration of your stay in H1B status, then I don't understand why point 5 (copied below) is mentioned in your 221g form. If this is incorrect, then get a letter from your employer stating this is incorrect and they have paid you for the entire employment period and attach the copies of the pay slips as proof.

5. __ A notarized letter from the petitioner explaining the failure to pay the approved wage for the following period:

[sidiqsikkander]

Thanks one again and I really welcome your response. I would like to give more information about my H1B status and pay.

Employers Details:
---------------
Employer : A (Initial H1B approval through this company only)
H1B Approval Period : Feb 2007 to Sep 2009
Date Reached US : April 1st
Period worked : April 2007 to July 2008
Total duration for A : 1 year and 2 month
Actively worked (without bench): 10 months
Period of Bench: 4 months

I did H1B transfer for B employer:
Employer : B (Current employer who hold my H1B and working for them)
H1B Approval Period: August 2008 to July 2011
Period worked (until return from US) : August 2008 to June 2009
Total duration for A : 10 months
Actively worked (without bench): 10 months
Period of Bench: --Nil—

I hope now you understand my H1B status period clearly. I went Stamping and got 221g for my current employer B. I worked 10 months without any bench period after I did H1B transfer. Since this is case, do I or employer still need to give any notarized letter or just a letter from employer stating that incorrect and pay slip as proof for those period?

Thanks,
Sidiq

[shervin143]

I think a letter from your current employer stating that they have paid you for the entire employment period and the copies of the pay slips starting from the employment start date until now will do (The last day in H1B status in U.S).

[sidiqsikkander]

Thanks for your response again and again. There is another query regarding submitting documents for 221g. They asked me submit couple documents as I mentioned in the previous thread and one we already discussed was evidence of previous work experience. As I said that I worked with 3 employers excluding current employer. For safety purpose, I checked out my first employer who was Indian based consultancy where I worked their client place nearly 1 and half years in India. I have offer letter, relieving letter and experience letter. I checked status of that consultancy company and it seems that they closed that consultancy. It tried to reach contact person through the phone number which he gave and mentioned in the offer letter but I can't reached him.

1. I do not know what to do? Could you give me any solution? will it fine to sumbit those experience and offer letter?

I recently filled DS-160 where they asked to fill work experience. In the DS-160 itself asked and accept only last two employer details. In that case, I filled my 2 and 3 employer details (Not my first employer and current employer). My Second Question is:

2. is it meaning that, the US consulate do background check only those two (for 2 and 3 employer) filled employers in DS-160?

Thanks in advance
Sidiq

[shervin143]

1. I do not know what to do? Could you give me any solution? will it fine to sumbit those experience and offer letter?

I recently filled DS-160 where they asked to fill work experience. In the DS-160 itself asked and accept only last two employer details. In that case, I filled my 2 and 3 employer details (Not my first employer and current employer). My Second Question is:
>>> As long as that experience is genuine, you don't have to worry. It is not new that businesses close. If asked, explain the same to the VO.


2. is it meaning that, the US consulate do background check only those two (for 2 and 3 employer) filled employers in DS-160?
>>> If required, they may ask ask evidence for all the previous work experiences. That's why you need to carry a copy of your resume when you go for stamping.

[sidiqsikkander]

Thanks for your response. The US consulate asked me to submit documents via VFS. In this case, which way I have to chose? Will it fine to keep some kind of letter, stating that this consultancy has closed? Or is there any other way?

Thanks
sidiq

[shervin143]

I don't think it is required. But there is no harm in including a cover letter.

[sidiqsikkander]

Thanks for your response. I have prepared cover letter as below

--------------------------------------------------------------------------
To,
Consulate General of the United States of America,
220, Anna Salai,
Chennai - 600 006

Re: H1B Nonimmigrant Visa Application for **** ** (Receipt #***-**-***- **** *)


Dear Sir/Madam:


• You license to practice your profession in the U.S

Enclosed is the original I-797 and copy of the documents of I-129 and LCA [Exhibit A]

• Original or certified copies of your complete academic credentials.

Enclosed is the Original of my academic Credentials [Exhibit B]

• Evidence of previous work experience in the petitioned field

Enclosed is the evidence of previous work experience in the petitioned field. [Exhibit C]

• All previous passport, even if not used for travel

N/A

• Evidence of extension of legal status in the U.S

Please kindly refer [Exhibit A] which has I-94 card attached with I-1797.

• Your federal income tax returns and W-2 forms for tax years:

Enclosed is the copy of W-2 and Federal Tax Return for 2007, 2008, 2009 [Exhibit D]

• Copies of all pay slips and monthly bank statements for the following period:

Enclosed is the copy of Pay slip and Bank statements [Exhibit E]


• A notarized letter from the petitioner explaining the failure to pay the approved wage for the following period:

N/A (The Employer has paid wages from the month approved I-797 to till last month I was in USA. The period was August 2008 to June 2009. Please kindly refer [Exhibit E] for W-2 form, Tax Return and [Exhibit D] for pay slip from August 2008 to June 2009)


I stand ready to provide you with any further documentation you might need.

Thank you for your consideration and attention in the matter.


Sincerely,

-------------------------------------------------------------------------

I have few questions:

1. Will this cover letter fine to keep?

I have doubt in submit document for Original or certified copies of our complete academic credentials. I have done MCA in PG and BBM in UG. For MCA, I have Degree certificate, Provisional Certificate and Consolidate mark sheet and course completion certificate respectively from University and college but for UG, I have only Provisional Certificate and Consolidate mark sheet.

2. Will it fine to submit my MCA (PG) related record alone? Or Do I also need submit my BBM (UG)? If I also submit my UG record, will they accept only Provisional Certificate and Consolidate mark sheet as records for UG?

In the DS-160, they asked me to submit details of academic credentials other then elementary. Since I do not have all records (Degree certificate from University and course completion certification from college) for UG,

3. Will it enough to enter only my PG (MCA) details alone DS-160? Or Do I also need to enter my UG (BBM) details DS-160?

As for as submitting bank statement concerns, I can able to download only last 7 months statements. I called the bank to get that remaining 5 month of bank statement. Since I am in India and In order to get that remaining 5 month statement, I have to change my US address to India address in bank and have wait 15 days for remaining 5 month statement.

4. Will it fine those 7 month bank statement? Or is it mandatory to submit at least 1 year of bank statement?

I have doubt in submitting a notarized letter from the petitioner explaining the failure to pay the approved wage. I discussed with my employer regarding this and he told me that since he paid wages from the month approved I-797 to till last month I was in USA, it is not required to submit any notarized letter from his side and asked me put N/A will fine.

5. Will it fine N/A option for a notarized letter from the petitioner explaining the failure to pay the approved wage for the following period?

6. Will it fine put like N/A (The Employer has paid wages from the month approved I-797 to till last month I was in USA. The period was August 2008 to June 2009. Please kindly refer [Exhibit E] for W-2 form, Tax Return and [Exhibit D] for pay slip from August 2008 to June 2009)?

7. Please give me your suggestion?

Thanks in advance.
Sidiq

[shervin143]

1. Will this cover letter fine to keep?
>>> Looks good to me.

I have doubt in submit document for Original or certified copies of our complete academic credentials. I have done MCA in PG and BBM in UG. For MCA, I have Degree certificate, Provisional Certificate and Consolidate mark sheet and course completion certificate respectively from University and college but for UG, I have only Provisional Certificate and Consolidate mark sheet.
>>> Not required to submit the originals. You can submit the notorized copies of the academic credentials.

2. Will it fine to submit my MCA (PG) related record alone? Or Do I also need submit my BBM (UG)? If I also submit my UG record, will they accept only Provisional Certificate and Consolidate mark sheet as records for UG?

In the DS-160, they asked me to submit details of academic credentials other then elementary. Since I do not have all records (Degree certificate from University and course completion certification from college) for UG,

3. Will it enough to enter only my PG (MCA) details alone DS-160? Or Do I also need to enter my UG (BBM) details DS-160?
>>> Submit whatever academic credentials you have.

As for as submitting bank statement concerns, I can able to download only last 7 months statements. I called the bank to get that remaining 5 month of bank statement. Since I am in India and In order to get that remaining 5 month statement, I have to change my US address to India address in bank and have wait 15 days for remaining 5 month statement.

4. Will it fine those 7 month bank statement? Or is it mandatory to submit at least 1 year of bank statement?
>>> 7 months of bank statements should be good enough.

I have doubt in submitting a notarized letter from the petitioner explaining the failure to pay the approved wage. I discussed with my employer regarding this and he told me that since he paid wages from the month approved I-797 to till last month I was in USA, it is not required to submit any notarized letter from his side and asked me put N/A will fine.

5. Will it fine N/A option for a notarized letter from the petitioner explaining the failure to pay the approved wage for the following period?
>>> 'N/A' with the appropriate reason is fine.

6. Will it fine put like N/A (The Employer has paid wages from the month approved I-797 to till last month I was in USA. The period was August 2008 to June 2009. Please kindly refer [Exhibit E] for W-2 form, Tax Return and [Exhibit D] for pay slip from August 2008 to June 2009)?
>>> Yes.

[sidiqsikkander]

I submitted all documents which mentioned in the previous thread nearly 10 business days before. But there is on response yet from US consulate. I searched forum and most of case which is similar to mine, took 3 to 4 business days. For this process, I submitted all documents which are related to mine and those are W2, Tax Return, academic Credentials, pay slip, bank statement and so on. The time frame may be varying by case by case. Do any one have any idea that how many days will this process take?

Thanks,
Sidiq