H4 Query 221g, responding tomorrow. Please Help for Interview.

[venu]

Hello Everyone,

Can someone please share your experiences with me if you had responded to 221(g) query for H4 recently. I am not able to provide all details requested by Visa Officer. My employer is not helping me to provide explaination for less income in 2003 and even not ready to pay backwages. My wife went first time in OCT'2004 to attend interview for H4 and got 221(g) to get explainion on the income details for 2003 which is very less as per LCA from my employer. All adviced me to wait for 2004 W2, so I waited for that and even I went to India in December 2004 as I couldn't able to convince my wife on phones to wait for few days. I came back in Jan'2004 and got W2 2004 and filed immediately and requested my employer to respond with detail letter to Consulate. Regarding this query talked to few attorneys in US and India..but no luck and also they are not much helpful on this in my case. Currently I am in very good contract that I can't even come out of the assignment to change my employer. My wife is going to attend wednesday in this week with all other details like photos, my explaination letter (without income details of 2003, instead given explaination for 2004 income), original w2, 1040, paystubs, LCA, primary vendor explaination about current contract etc. My employer letter with not details of 2003 income. Even I went to Congressman office in my place and they said will fax details to Chennai Consulate to issue visa to my wife in positive way. Even I sent details of calling card, how I have been communicating with my wife everyday to know her whereabouts and needs.

Not sure how my wife need to give explainations to the officer's questions and not able to guess how officer will respond if I had not provided complete explaintions for their query. Feeling like Consulate officers harrasment on visa holders is more painful then employers. Employers are atleast good though they eat my income atleast allow us to survive. But Visa officers were killing me and my family softly in all the ways. We people leaving in US not even have good friends and relatives nearby to share over suffication each other.

Please help me if any one had similar case with them.

Thanks in advance,
Venu

[getit]

You can explain that you took off in 2003 for some period. Reason could be personal leave or training. You should tell that your employer agreed to give leave. You must also explain how you will suppoort your wife in US (that your wife will not be a public charge). For this you can show your pay stubs and bank statements.

[venu]

Even if I mention that I had undergone some training. My employer have to pay me for those days. As I have only 35% income compared to my LCA for 2003. I can't cover for all the months, that I was in training. And medical reasons, I need to have medical bills or some other doc's as proof that I was sick during that time. As of now I had given my explaination that my First employer had not payed during my stay with that company. And present company is not much coperative in this case, but currently after almost an year, I able to grab some oppurtunites to work for good clients, so I have not mentioned much details of my income with present employer.

[venu]

My wife got her H4 visa. I will update with her interview questions soon, so that it will be helpful with similar cases.

Thanks
Venu

[micjohnson]

Same 221(g) case.

Hi Venu!

Happy to see that your wife has got the spouse visa and congratulations. I am also having the exact same situation as you. So you know our pain on this case. Chennai consulate asked my wife to bring the follows.

1. Interior and Exterior photos of the principal worker at work.

2. Interior and Exterior photos of the principal worker at home.

3. A list of all the projects, and their timelines, in which the beneficiary worker has been deployed, with the detailed explanation of the work conducted and the client in question. Include all the periods of inactivity or between projects. Also include client reference for each and every project on the list.

4. Provide a detailed and specific account of how the H/L worker will be employed during the next 12 months. Be sure to specify location, client and client contact information, nature of the project and duration of the project.

5. Principal's certified or notarized state and federal tax returns for the last three (3) years, including 2004. Original.

6. Original 1040 / W-2 forms and Pay Stubs for every year that the beneficiary worker has worked in the US.

7. W2 forms for all people employed by the petitioner for 2004.

8. An explanation from the petitioner / employer that may explain why the principal's salaries were well under the required minimum set by law for 2001, 2002, 2003.


I dont know what "term" i need to mention in my resume for the out-of-job periods. I am thinking to consult with our famous indian lawyers. But you said they could not help you. Please advice me on this. My present employer is good and he is ready to do whatever i ask him. For 2001 i could not ask my prev. employer any explanation letter, as i tranfered my visa from that company earlier. Please contact to [email protected] I badly need your advice on this. I feel like i am sinking in the middle of a sea.

Thank you for your help in advance.

John

[venu]

In my case I was with my employers during all my stay in bench and worked for their office without income. So I had clearly mentioned in my explanation that I was doing so and so work during that time and not got paid for those days and this is the reason, I quit the company and joined new company. But This time they just checked my current paystubs and 2004 w2(which shows more than LCA).

I had submitted photos of my current client place, home, employer office, marriage photos.
Explaination from current employer to issue visa -highlighting the details of present status.
Explaination from primary vendor about the duration of current project.
My explaination stating the details of the list of documents (8 points above) and my current whereabouts
My W2-original/1040/original paystubs
My explaination mentioning the reason for less income ( indirectly)
Bank Statements
Apartment Lease Documents

Any document/explaintion you submit make sure you notarize it.
My logic here is to submitt only positive part first ( with fully details of current status..As my stutus is good now) and then if they ask for more information show rest.

My wife actually went first time in OCT2004 and got 221(g). I made her to wait to get 2004 W2 and made all my documents after talking to few immigration attorneys in US/India.

Attorney in India asked me Rs. 40000 to take the case even though I just mentioned that I had documented all explaination for query and just asked them to verify and update if needed. After talking to them I felt they just want to make money.
May not be true with all.

Your wife will definetly get her visa if you can lodge a complaint in labor office and take a copy of it and include this in you docuements. Convey her to show if they request.
For me they had not asked so I had not given any complaint on my employers.
Be strong and confident and start collecing info on this as much as you can in the query. But make sure you provide anyhow some explaination for each point.
I had even sent an explaination with details of calling cards and bills of them in separate document, thinking that consulate can consider application that I had been communicating with my wife to know her whereabouts and needs.

Finally it will depends on individual situations. your case is little different than mine. I don't suggest you to strictly follow the same. Please collect as much as info you can and make use of them according to your situation.

Thanks
Venu

[ronin]

Hi Venu,

Good to hear that your wife got H4. Could you please let us know what questions they asked your wife when she went for visa after collecting all documents from you. Do we nned another appointment for that or was she asked to come any time during weekdays.

[ronin]

Hi venu,

As you said you spoke to attorneys regarding the query (sec 221) and could you please let us know what kind of suggestions they gave you. Does it helpful?

Thanks.

[venu]

One attorney said I need to get new visa, then go to India and both get stamped. ( Felt for sure that this won't workout in my case)
Second Attorney said talk to you company attorney
Company attorney said why did you send your wife for interview without having proper details. ( No Help further) Told to give a try.
Another attorney helped me evaluating my documents and came out to do corrections in them and explained to law about H1 visa holders and put the confidence to proceed further. Told to give a complaint to labout dept. I just given a try without giving that.

Thanks
venu

[mohamadislate]

urgent help needed

I m in the same situation as u were in but i was on bench for a very long time..almost half the year..now i have come for the stamping n they questioned me regarding my salary for that year and issued me 221g asking for more info on what i did that year..i told the officer that i had accumulated leaves for 3 years and so was on a long vacation and the rest of the period i did in house project for my consulting company..
i have the leave of absence as a proof of the vacation..but m still not prepared to go to the consulate..
if theres anything u can tell me to help me in my case i shall b highly obliged..