H1b --> blue slip, company refuses for documents, H4 ?

[tahu]

I worked in US on H1B, went for stamping in India, got a blue slip 221 g.

My company refuses to give me tax returns and other documents. Though my Husband got his H1B stamped.

1) Should I get a letter from my company saying that it refuses to give me some documents and submit that letter to VFS with the other required documents, would this help ?

2) If this doesn't work out can I file H4 on my Husband's H1B (Valid) while my H1B is still a pending case?

3) In case I get H4 and come to US, can I file H1B again with another company even though I am not on pay roll of the old company right now? and in this case do I have to wait till OCT to start the job?

Please reply ASAP.

[Attorney_10]

Generally, all documents requested by the Consulate must be provided unless they are unavailable. If the employer refuses to provide certain documents the employer can provide a letter explaining the reason for refusal; however, it is unlikely the visa will be issued. Generally, an individual may apply for a H4 visa if his/her spouse is maintaining valid H1B status. If at some later point, the H4 holder choses to change to H1B status his/her employer will need to file a new I-129 petition with a request to change status. Please schedule a consultation with an experienced immigration attorney to discuss these issues in more detail.

[Chitown01]

When you say "Other Documents" what do you mean ?

Regarding Tax Returns and Wage Reports sometimes, employers would not like to give that information to the employee, there are 2 things you can do:

1. Ask the employer to send the documents directly to the consulate ( not sure if that is allowed)

2. Employer Sends the documents to you in a SEALED enveloped Addressed to the Consulate General and you submit the sealed envelope.

Unless it's a shady consulting company i guess they should not have problem with the second option i mentioned above.