No Pay stubs on H1 , Planning to convert to H4

[naani]

Hi,

 

I was on H1B and did not have any pay stubs from Jan 2015 to Sept 2015 as I was not able to find project. Came to India in Oct and having H4 visa interview next week.

Will the interviewer be asking any questions regarding my previous status/no pat stubs?

 

Is there any chance of H4 denial here because of my previous status-with no pay stubs? 

Please advice.

 

Thanks

 

 

[rahul412]

Yes there are chances of 221g. Its better you file a complaint against your employer for not paying the salary and then attend the interview.

 

Moreover you cannot get H1 in future if you won't file a complaint.

[JoeF]

On H1, you need to get paid ALL THE TIME, even on bench without a project.

That's the law, and the employer knows it.

If the employer doesn't want to pay you for that time, file a complaint with DOL on form WH4. The DOL will make the employer pay you.

[naani]

Thanks for the response.

Today I had interview. VO asked me for out of status and was not happy about it.

She did not ask me for any kind of documents but kept my passport and gave me 221g white slip.Told requires additional enquiry.

 

Can anyone tell why she kept my passport. Can I assume she will approve my case or chances of deny?

[jairichi]

Thanks for the response.

Today I had interview. VO asked me for out of status and was not happy about it.

She did not ask me for any kind of documents but kept my passport and gave me 221g white slip.Told requires additional enquiry.

 

Can anyone tell why she kept my passport. Can I assume she will approve my case or chances of deny?

 

Based on what you said you can assume nothing. You just need to wait for an update.

[JoeF]

Did you file a complaint against the employer?

If not, why not?

[rahul412]

Thanks for the response.

Today I had interview. VO asked me for out of status and was not happy about it.

She did not ask me for any kind of documents but kept my passport and gave me 221g white slip.Told requires additional enquiry.

 

Can anyone tell why she kept my passport. Can I assume she will approve my case or chances of deny?

Can I ask you why you didn't filed a complaint against that FRAUD employer?

So in other words you didn't care. Wait and see what happens, there are 50-50 chances.

[GNH]

You should get your H4 I think

[naani]

Today I got email about passport pickup, but the visa status still shows Admin processing.

Is returning passport without visa stamp a bad sign? 

 

My son and husband are in US. Its been 4 months i left them and I am really missing them.I am just looking for other options.

 

1. Can I re apply for the inteview while the case is still in admin processing? - I want to explain to a different VO my case and give a try.

2. My husband does not want me to leave alone here and wants to come India.

He has to attend h1 visa stamping interview if he visits India. How does it affect my H4 visa processing? If he gets H1 admin processing, then its going to be difficult.??

3. Or just wait until my H4 admin processing clears. (Its really hard to be away from my husband and son for long time.)

 

Please suggest.

 

Thanks

[JoeF]

Today I got email about passport pickup, but the visa status still shows Admin processing.

Is returning passport without visa stamp a bad sign? 

 

My son and husband are in US. Its been 4 months i left them and I am really missing them.I am just looking for other options.

 

1. Can I re apply for the inteview while the case is still in admin processing? - I want to explain to a different VO my case and give a try.

2. My husband does not want me to leave alone here and wants to come India.

He has to attend h1 visa stamping interview if he visits India. How does it affect my H4 visa processing? If he gets H1 admin processing, then its going to be difficult.??

3. Or just wait until my H4 admin processing clears. (Its really hard to be away from my husband and son for long time.)

 

Please suggest.

 

Thanks

 

You didn't answer our question: Why didn't you file a complaint against the employer?

[rahul412]

Today I got email about passport pickup, but the visa status still shows Admin processing.

Is returning passport without visa stamp a bad sign? 

 

My son and husband are in US. Its been 4 months i left them and I am really missing them.I am just looking for other options.

 

1. Can I re apply for the inteview while the case is still in admin processing? - I want to explain to a different VO my case and give a try.

2. My husband does not want me to leave alone here and wants to come India.

He has to attend h1 visa stamping interview if he visits India. How does it affect my H4 visa processing? If he gets H1 admin processing, then its going to be difficult.??

3. Or just wait until my H4 admin processing clears. (Its really hard to be away from my husband and son for long time.)

 

Please suggest.

 

Thanks

Your H4 is tied to your husband's H1, so you should get your H4. But since you were out of status earlier vo issued 221g.

Again, the ONLY legal/easiest way get your visa is to file a complaint against that employer. And remember, you won't get any H1 in future if you won't file a complaint.

[GNH]

U have no choice but to wait.

[prasu]

Today I got email about passport pickup, but the visa status still shows Admin processing.

Is returning passport without visa stamp a bad sign? 

 

My son and husband are in US. Its been 4 months i left them and I am really missing them.I am just looking for other options.

 

1. Can I re apply for the inteview while the case is still in admin processing? - I want to explain to a different VO my case and give a try.

2. My husband does not want me to leave alone here and wants to come India.

He has to attend h1 visa stamping interview if he visits India. How does it affect my H4 visa processing? If he gets H1 admin processing, then its going to be difficult.??

3. Or just wait until my H4 admin processing clears. (Its really hard to be away from my husband and son for long time.)

 

Please suggest.

 

Thanks

Hi - Did you you pick up the passport and did you get your visa stamped? Thanks

[jairichi]

Today I got email about passport pickup, but the visa status still shows Admin processing.

Is returning passport without visa stamp a bad sign? 

 

My son and husband are in US. Its been 4 months i left them and I am really missing them.I am just looking for other options.

 

1. Can I re apply for the inteview while the case is still in admin processing? - I want to explain to a different VO my case and give a try.

2. My husband does not want me to leave alone here and wants to come India.

He has to attend h1 visa stamping interview if he visits India. How does it affect my H4 visa processing? If he gets H1 admin processing, then its going to be difficult.??

3. Or just wait until my H4 admin processing clears. (Its really hard to be away from my husband and son for long time.)

 

Please suggest.

 

Thanks

 

1. You need to withdraw that visa application. Even then you might be given administrative processing slip with new application.

2. If all his documents are good he will get H1B stamping.

3. You just have to wait.

[naani]

JoeF - I did not know that I can file complaint on this. 

Can I even do this now? 

[JoeF]

A complaint on form WH4 can be filed up to one year after the violation.

Search for WH4. Lots of info online.

[rahul412]

http://www.dol.gov/whd/forms/fts_wh4.htm

 

You can file the complaint even now. Do it ASAP.

[naani]

OK, thanks for the link.I will file a complaint.

 

I am very tensed about my 221g. Based on my case, what do you think it will happen. I forgot to mention earlier that my i94 was still valid when I came on India. It was till Sept 2016. I read as per the law, there are 3 years and 10 years bar if a person stays in US after i-94 expired >180 days and >1 year respectively.

 

My attorney tells that since I dont fall in that case.i.e., since my i-94 did not expired , my visa cannot be denied .

 

Any comments of what you think?

I am keeping my spirits high, but its very difficult. Its been 4 months I am separated from my husband and son in USA.

[JoeF]

OK, thanks for the link.I will file a complaint.

 

I am very tensed about my 221g. Based on my case, what do you think it will happen. I forgot to mention earlier that my i94 was still valid when I came on India. It was till Sept 2016. I read as per the law, there are 3 years and 10 years bar if a person stays in US after i-94 expired >180 days and >1 year respectively.

 

My attorney tells that since I dont fall in that case.i.e., since my i-94 did not expired , my visa cannot be denied .

 

Any comments of what you think?

I am keeping my spirits high, but its very difficult. Its been 4 months I am separated from my husband and son in USA.

 

The visa can still be denied since you were out of status.

The only thing is that you don't have a ban.

You still need to file a WH4.

[rahul412]

File a complaint and follow up with your attorney, you should get your visa.

[naani]

I got an email from US consulate to submit my passport. No other docs requested. VO did not check any of spouse documents at the time of interview too. 

Is this a positive sign? I am worried as VO did not even ask for my husband i797.

 

What could be the outcome? 

[rahul412]

I think your visa is approved.