H1B stamping got 221G

[rajthewizard1]

Hi all,

I went to Visa stamping on june 29 in hyderabad...VO asked me lot of questions about my job and what I do. I told her everything, then she asked about my education I told I did MS in texas. Then she asked me was my employer paying me properly, I said yes. Then she asked me my recent paystubs and I gave her last 5 paystubs( each for 15 days), she asked me how much per month i would be getting I told around YYYY amount then she took my recent paystub and told that my year to date does not show like that.....the issue is i did not work for 2 months this year and my employer did not run my payroll...so it did not reflect on the year to date. she asked me my previous year W-2 which I did not have, there is another issue that because of recession I did not get a job for 6 months so my employer did not run my payroll. VO gave me a 221G and kept my passport and I797 original with her saying I will give you visa after reviewing the all paystubs for this year and my last year W-2. I dont have the paystubs for 2 months and my W-2 does not reflect a decent year to date what should I do . It is not my fault that my employer did not run my payroll. but i am suffering for that .

please advice if anyone has gone through the same situation.

thanks in advance
Raj

[shervin143]

There is nothing you can do in this situation. When you are in H1B you need to get paid every month. If your employer was not paying during that period, then you should have filed a complaint to DOL and made them pay. Your W2 should show that your annual income is equal to or more than what is mentioned in your LCA.

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-holder-responsibilities/

https://www.immihelp.com/h1b-visa-em...int-procedure/

[rajthewizard1]

thank you very much for the response. I know that I have to fight for it. But what should I do now. I dont have anyother employer to transfer my H1 so is there anyway I can go there and then probably change. Please advice....i am in a big dilema. If I dont submit anything then how will my case go forward.

thanks
Raghav

[shervin143]

If you don't submit the required documents, then you will end up with a visa rejection. The VO has clearly asked for your W2 which will show that you are under paid. You should consult a good immigration attorney. If you cannot submit the requested documents, then withdraw your visa application. That way, you won't end up having a visa rejection in your records.

For transferring the H1B, you don't have to be in U.S. If you can find an employer from your home country you can still apply for the transfer.

[rajthewizard1]

please advice

HI If you have read my post before I have a 221G right now and my employer is not responding to me at all so Can I talk to my client that I am still working from India for a H1 transfer will that work can I get that done while I am on 221G or do I need to withdraw my case. I will definitely complain on my employer but can he revoke my H1 though I got 221G. please advice.

Thanks

[shervin143]

You can apply for a new H1B under the same CAP with any other employer. If your current employer is not willing to provide you with the required documents, then it is advisable to withdraw the visa application so that it doesn't end-up getting rejected (Which you will have to mention in all your future visa applications).