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Immigration Issues/Follow to Join - Documents & Stay


QUESTION: I have got my GC in Sep-2014 via EB2 category and applied I824 for my wife's follow-to-join in Feb-2015. By checking the process timing of I824 entire process (I824 approval, Route to NVC, and then Consulate abroad, Visa Interview schedule etc), it seems that it would approximately take about 1 year. I'm planning to go to India now for working in my same company - India Branch and stay until my wife's immigrant visa interview and then come to US with family. (BTW, I have got my re-entry permit approval in Jan2015 for another 2 years.)..

My specific questions are...

1) From now and until my wife's immigrant visa interview, is it mandatory to stay in US physically? At the time when I respond to NVC & my wife's immigrant visa interview, is it OK for me to be working in India branch for the same company?

2) Below is mentioned in Mumbai consulate website...
For follow-to-join applicants in the employment preference visa categories, the principal applicant must submit a notarized affidavit of support (form I-134), a job letter or pay stubs, a bank letter, and forms 1040 and W2 for the latest taxable year.  These documents must be less than one year old when the visa is issued.

a) During the Pocket 3 and/or 4 documents submission, letter of employment & payslips needs to be provided. Can I submit the my employment letter & pay slips which I would get it from my India office? (At present as of Jul2015, I have my current US payslips and US employment letter).

b) While NVC asks to submit employment letter, payslips, I134 documents (probably in about 3 months), I will be working/earning in India... Can I update my India employment details, salary in I131 documents... Or should these documents (emp letter, payslips) need to be in US based?

c) If these documents have to be in US based... Can I prepare it now itself since I'm working in US at this point...? I see these documents must be less than 1 year old when the visa is issued....

Thank you and appreciate your help.

ANSWER: Hello,

You can submit an employment letter from your India Office in which your employer declares that the company for which you are working is based in USA and that your position in India is only temporary.

Best Regards.

---------- FOLLOW-UP ----------

QUESTION: Thanks a lot for your response,Sir. Appreciate if you could kindly provide your suggestion to the below follow-up question.
I have been working from 2008 in US in a reputed IT company except I got transferred to India for 3 months in 2014 (Oct-Dec).

My company has the standard employment letter..when I'm working in US, I will get the US based employment letter (with US address, US salary etc)...and if I'm working in India, will get India employment letter (India address, Indian salary etc). So, I may not be able to get any letter stating specifically that "the position in India is temporary".. After I get my wife's GC only, I will need to work with company to go back to US.  

All I will have is... standard employment letter from US for the period I was in US...and an another employment letter from India for the period I'm going to be in India...  

1) Will it be a problem in this case?  If I could explain in a letter about the entire situation, will it be okay for her IV interview?  

2) Also, when I'm working in India,, what could be filled in I131 -  India salary or previous US salary?  (btw,  I have enough money & stock in US to support my wife...but i'm concerned about providing this I131 and employment letter to NVC or embassy at the time of interview).  

Thanks a lot for your help.


1) You can have both employment letters from your USA based company for your past job in the USA and from your India office for your present job. You should include a letter to explain that you will return to the USA when your wife obtains her immigrant visa.

2) In Form I-134, you can write down your current salary in Rupee with equivalent conversion to US Dollar and all the assets that you are owning in the USA.

Best Regards.  

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