Query regarding LCA & Payroll

[TheOriginal]

Hi All,
I have a few queries, hope you will help me with the answers.

I work in the EVC model in Connecticut and my Employer & Vendor both are located in NY state. My original LCA was filed with a particular address which happens to be the Head Office address of my Client. However I dont work at the head office but I work at another location in the same town. I am planning to go for Visa Stamping to India in Dec 2011.

Now the Questions:
1) My employer said that since the work address is different even though the town is same, they will file for an ammendment of LCA.

Is this absolutely required?

2) I work in CT, my LCA is also filed in CT but my employer is from NY and the pay checks also has my residence address from CT and employer's address from NY. The employer is a Desi (I hate to use the word Desi) consulting company.
Is there a problem????

3) My employer said that 80% of the Visas are getting rejected or atleast RFEs are issued. Is this true? I am planning to go for stamping on 12/12/2011 and I have my return ticket for 12/25/2011. Is this too aggressive itenerary?

I am really tensed since the date I decided to go to India for stamping, now my wife & daughter (born in US) is already in India. Worst case can she still get the H4 stamped w/o my H1 stamping and fly back to US?

Cheers!!!
Deepak....

[TheOriginal]

Anybody????

[Veshwar]

Now the Questions:
1) My employer said that since the work address is different even though the town is same, they will file for an ammendment of LCA.

Is this absolutely required? YES
2) I work in CT, my LCA is also filed in CT but my employer is from NY and the pay checks also has my residence address from CT and employer's address from NY. The employer is a Desi (I hate to use the word Desi) consulting company.
Is there a problem???? YOU SHOULD NOT HAVE ANY PROBLEM WITH PAYCHECKS
3) My employer said that 80% of the Visas are getting rejected or atleast RFEs are issued. Is this true? I am planning to go for stamping on 12/12/2011 and I have my return ticket for 12/25/2011. Is this too aggressive itenerary? IF YOU CAN AVOID GOING TO INDIA IS BETTER AS THERE ARE MANY GETTING STUCK IN INDIA. ALSO IT DEPENDS ON APPLICATION TO APPLICATION. ALL DEPENDS ON YOU WHETHER TO GO OR NOT. BUT YOU EMPLOYER SUGGESTION IS CORRECT.
I am really tensed since the date I decided to go to India for stamping, now my wife & daughter (born in US) is already in India. Worst case can she still get the H4 stamped w/o my H1 stamping and fly back to US?
IF YOU GET ADMIN PROCESSING YOUR WIFE CAN STILL GET H4 and FLY TO US.

[shervin143]

There is no H4 without the H1B. H4 status depends on H1B holder being in status. Your spouse cannot travel to U.S in H4 when you no longer in H1B status and when your visa is on hold.

I am really tensed since the date I decided to go to India for stamping, now my wife & daughter (born in US) is already in India. Worst case can she still get the H4 stamped w/o my H1 stamping and fly back to US?
IF YOU GET ADMIN PROCESSING YOUR WIFE CAN STILL GET H4 and FLY TO US.

[TheOriginal]

Thanks Sherwin

Thanks Shervin, & Veshwar,

However my question was, can my Wife still get the H4 stamped w/o any issues if I dont go to India and she gets the Visa stamped by herself? I am assuming, the chances of getting 221G or such for H4 would be less than that for H1B? Is my assumption correct to some extent?

[shervin143]

Yes, she can get the H1B stamped without you. As long as all your documents are in order and if you are maintaining the H1B status, she should get the H4 stamped without any issues.

Thanks Shervin, & Veshwar,

However my question was, can my Wife still get the H4 stamped w/o any issues if I dont go to India and she gets the Visa stamped by herself? I am assuming, the chances of getting 221G or such for H4 would be less than that for H1B? Is my assumption correct to some extent?