H4 to H1B First time stamping in India Hyderabad

[H4-H1B stamping]

Hi All,

I was wondering if you can suggest me what my options are, below is my situation.

I came to US on H4, an employer applied for H1 and it was approved in October 2009 but he did not put me on project till March 2010, so no pay stubs generated. He did not pay me one or two months in 2010 and after then continuous pay stubs. now i have moved to a direct client company who holds my h1B and planning to go for h1B stamping in hyderabad.

what should be my answer at the consulate if they ask why i was not paid initially and why initial w2 does not have LCA salary.

My previous employer who applied my first h1b gave me offer letter from March 2010 will this help.

Some help would be greatly appreciated.

Thanks in Advance.

[omshiv]

some serious shady activity by ****** employers...firstly you have to get paid when you are on H1B. 2ndly always answer the TRUTH!!!

[H4-H1B stamping]

Thanks Omshiv, I am planning to say that my employer did not pay since he did not have projects ready. Also this was one reason why i moved to a direct client when got an opportunity. Do you think consulate officer can put my case in admin processing because of this.

[rahul412]

what should be my answer at the consulate if they ask why i was not paid initially and why initial w2 does not have LCA salary.

My previous employer who applied my first h1b gave me offer letter from March 2010 will this help.

Your H1 starts from Oct 1st. So what is your status from Oct 1st 2009 to March 2010??

If your W2 salary is less than LCA salary, then you are in trouble.

Solution: You have to file a complaint against that employer for not paying you on bench, bcos you have to get paid every month on H1.

[H4-H1B stamping]

File complaint now. I got a letter from DOL requesting some info like (is employer paying correctly, etc) and I think i did send it. not sure if Visa officer can look at it.

If I file complaint now will my previous employer know about it?

[rahul412]

File complaint now. I got a letter from DOL requesting some info like (is employer paying correctly, etc) and I think i did send it. not sure if Visa officer can look at it.

If I file complaint now will my previous employer know about it?

Looks like someone already filed a complaint against that employer.

You just do it, they will take care of it.

[pontevecchio]

Please talk to a Lawyer.