H4 to H1 stamping in Vancouver on May 1st related question

[may1Bin]

Hi All,

Here is my background.

1. I have done my masters in reputed University.

2. I worked with employer1 for 1 year.(8 Months in OPT and 4 months in H1B).

3. I changed to employer2 (my employer1 was getting projects of EVVC model) in June 2011 and worked till November 2011 and went to India.

4. Attended H1B interview at hyderabed consulate. Interview was for almost 25minutes asking me mostly about employer-client relationships.

5. They gave me 221g Blue form saying administrative processing. They took all paystubs,w2,797,lca.

6. After 3 months they have sent rejection letter in march 2012 stating insufficient information.

7. March 2012 I attended H4 visa at chennai consulate and they approved my H4 visa just with my husband I797 copy and passport copy.

8. My employer applied for my H1B in march 2012 with same client letter and I got I797 approved in June 2012.

9. I waited for getting project only at my spouse place.

10. I got Project in September 2012 and working for same company and I have my project till september 2013.(Intended to extend).

11. I am planning to go to visa stamping on may1st at vancouver.

Here are my questions,

I dnt have any reason why they have rejected my 1st time h1b stamping. I answered all questions and I had all documents with me.

1. Is it safe to go with same employer again with same set of documentation?

2. My w2 amount is low for 2012 than LCA as I dnt work for whole year.(3 months in India,2 Months on H4, 3months on Bench waiting for project). What kind of documentation can I provide for this?

3. What should I tell them if they ask about any bench time?

Thanks in advance!...

[gouthamsworld]

Bench Time you cant explain. If you are on H1B and in USA you should be working and your employer should pay you no matter what .3 Months in India and 2 months on H4 is fine but 3 months on bench without getting paid is not legal. You might get in to trouble because of that.As your previous experience was not good be careful this time .

[rahul412]

1. Is it safe to go with same employer again with same set of documentation?

2. My w2 amount is low for 2012 than LCA as I dnt work for whole year.(3 months in India,2 Months on H4, 3months on Bench waiting for project). What kind of documentation can I provide for this?

3. What should I tell them if they ask about any bench time?

1. Do you know the exact reason for rejection? If the reason was employer, then you need to think about it

2.That's BIG problem.On H1 without paystub=out of status. Moreover, your salary is less than LCA, it's clear you will be in trouble.

3. Truth.