H1B stamping interview question

USA H1B Visa
1

Hi,

Little Background: My H1B got approved in 2013 for 3 years. Meanwhile in July 2015 i transferred my H1b from Employer A to B and the transfer got denied in September… Now Employer C had filed the new petition in October, 2015 and it got approved on December 10th, 2015 (I am not working since October)

I am looking for some help with the blow interview questions as I am planning to go for stamping on Jan 3rd, 2016.

  1. How long is your project & How long do you intend to stay in US? The project duration is different in each letter. See below. so, how should i answer this question.

a. According to I129 the project duration is till Nov 2018; - 3 years

b. In the Vendor letter the duration is till Nov 2016 - 1 year

c. In the client letter the duration is ongoing.

d. In the I797 the validity period is just 1 year till - Nov 2016

  1. What have you been doing since October?

  2. I went to US in 07 on F1 and then got my H1B. In the meantime I never visited India…If the VO asks why you never visited india in last X years then how should i answer this?

  3. In your previous H1b, were you on a different project than the project when your petitioner filed you H1B? The correct answer is yes but I think i should not say that, correct?.. Actually i changed my client 3 times but i never amended my H1B when i was working with Employer A…How should i answer this?

  4. Why is your salary fluctuating? Why there is a deduction on pay stubs? Why so much change in salary?

  5. I was on bench in 2013 and 2014. If the VO asks

“Why is your pay less in 2014 w2?” then how should i answer?Is there any gap (sitting idle) during the change of the clients? Does you company ever bench you?

  1. Why per diem is on your pay stub? (It does not count as salary. Your salary has to match or exceed the salary listed on the LCA)

  2. Why you didn’t have per diem when project started?

I would appreciate the quick response.

2
  1. Go by vendor letter and 797 as that’s what USCIS has approved it for you. They would issue visa only until petition validity date.

For rest of the questions talk to C’s attorney. There are lot of issues, and there is no perfect answer. There is a possibility that you will run into issues during stamping.