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akkus

H1B got denied after site inspection

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My wife's H1B got denied after a site inspection. Some of the pay stubs were not meeting the number of hours mentioned in LCA. It got denied on 18th August. Would it be possible to change to H4 under my H1B without exiting US ?

 

Thanks 

 

Akku

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My wife's H1B got denied after a site inspection. Some of the pay stubs were not meeting the number of hours mentioned in LCA. It got denied on 18th August. Would it be possible to change to H4 under my H1B without exiting US ?

 

Thanks 

 

Akku

She can apply for COS to H4. If denied she has to exit and enter US with a valid H4 visa and a copy of your I797.

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My wife's H1B got denied after a site inspection. Some of the pay stubs were not meeting the number of hours mentioned in LCA. It got denied on 18th August. Would it be possible to change to H4 under my H1B without exiting US ?

 

Thanks 

 

Akku

Yes that's possible. But she might have issues when she again files for H1 in future.

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I filed my H1 this year and got denied and got a n information from my employer that to file an MTR we need the following.

 

·         Detailed itinerary of services, clearly explaining where beneficiary will work and clarifying any contradictions

·         End client verification letter

·         All contracts, service agreements, SOWs, MSAs, POs, etc. with the ultimate end client

Iam confused what are my options and how can i go about.

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I filed my H1 this year and got denied and got a n information from my employer that to file an MTR we need the following.

 

·         Detailed itinerary of services, clearly explaining where beneficiary will work and clarifying any contradictions

·         End client verification letter

·         All contracts, service agreements, SOWs, MSAs, POs, etc. with the ultimate end client

Iam confused what are my options and how can i go about.

There is nothing to be confused. Employer has to provide documents.

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I filed my H1 this year and got denied and got a n information from my employer that to file an MTR we need the following.

 

·         Detailed itinerary of services, clearly explaining where beneficiary will work and clarifying any contradictions

·         End client verification letter

·         All contracts, service agreements, SOWs, MSAs, POs, etc. with the ultimate end client

Iam confused what are my options and how can i go about.

All those documents should be provided by your employer, if he can't then find another employer.

Best option you have is find a real employer, not a consulting firm. What's your current status??

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All those documents should be provided by your employer, if he can't then find another employer.

Best option you have is find a real employer, not a consulting firm. What's your current status??

Stop Judging people. Where does OP says its a consulting firm?

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complain to DOL about the fraud employer.

Why? Why do you think there is a reason to complain? If USCIS did a through investigation on the case, Why do you think your 30 seconds observation is more meaningful?

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Stop Judging people. Where does OP says its a consulting firm?

Please read the post before posting.

End client letter, SOW, service agreements.. all these are required or comes into picture if the employee is working for consulting firm at client location. So you better under the case and respond.

And if you don't know how consulting works, then google it.

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Why? Why do you think there is a reason to complain? If USCIS did a through investigation on the case, Why do you think your 30 seconds observation is more meaningful?

Mainly for two reasons.

1. Not updating the H1 petition( of course, you can't complain about that, but that's employer's mistake)

2. Not paying the salary for the number of hours worked.

So, what good reason do you need to file a complaint against that fraud employer??

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Why? Why do you think there is a reason to complain? If USCIS did a through investigation on the case, Why do you think your 30 seconds observation is more meaningful?

 

 

"Some of the pay stubs were not meeting the number of hours mentioned in LCA."

 

 

Thats why! Her employer was not paying salary as per LCA.

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"Some of the pay stubs were not meeting the number of hours mentioned in LCA."

 

 

Thats why! Her employer was not paying salary as per LCA.

 

Yup. If a person on H1 is paid hourly, the person needs to get paid for 40 hours/week, even if the person works less than that.

And if the person works more than 40 hours in a week, the person needs to get paid overtime.

That's why hourly pay makes no sense whatsoever for an employer. Any employer who can do math would know that.

Because of that, I have long come to the conclusion that pretty much all employers who pay their employees on H1 hourly are incompetent at best and frauds at worst.

Paying a monthly salary is always a better option. But then these shady consulting companies can not shout "we pay 86%" or any other such BS.

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