• Where is the employee going to be working?
   
• What job duties will the employee perform?
   
• Why is the employee performing these job duties?

It is also important for the H1B employer to provide the H1B employee with a basic overview of certain practical issues, like the obvious need to carry winter clothes when going to a cold climate, so that the employee can be prepared to work in the H1B status upon arrival in the United States. For example, the employer needs to advise the employee that arrangements have been made for transportation from the airport and that the H1B employee will be housed at a hotel until s/he is able to obtain an apartment. Some companies have certain processes and administrative procedures for bringing in new employees and helping them to adapt to the culture, while smaller companies generally do not have any process. This lack of a fundamental understanding may cause the consular officer to wonder whether the employee will be able to work in the H1B position, or even survive in the U.S. without having a basic knowledge of the climate, culture, geography, and other issues associated with the destination to which s/he is bound.
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H1B Visa Applicant Must Explain Job Duties
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Often, the consular officials find that a person who has obtained an H1B petition approval and has the appropriate credentials is unable to articulate the job duties or the position in which s/he intends to work. This creates a problem because it is important to be able to explain one's job duties clearly to the consular officer to avoid any potential fraud or misrepresentation issue regarding eligibility. The H1B visa applicant must understand the job that s/he will perform upon arrival in the U.S. With the mandatory personal interview in almost every case, the importance of verbally articulating the job duties and details of the position are more important than ever before.
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Pay Stubs for H1B and H-4 Visa Applicants
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Michael Thomas explained that they at the Consulate are concerned about a person who has failed to maintain status by not working or getting a regular salary or pay stubs from the present or former H1B-sponsoring employer. Most often, we see H1B and H-4 denials based on the employee's inability to substantiate having maintained valid legal status in the U.S. by submitting evidence of having worked for the H1B-sponsoring employer. If the H1B employee is able to establish that s/he has left the employer and possibly filed a complaint with the U.S. Department of Labor against the H1B-sponsoring employer for having failed to pay the required prevailing wage, such factors will be taken into account in approving or granting the H1B or H-4 visa with a subsequent employer.
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Number of Visas Processed
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Michael Thomas mentioned that, within the last twelve months, there have been more H1B visas issued at the U.S. Consulate at Chennai than in the prior twelve months. This includes visa revalidations where persons sent in their passports from within India. In the prior twelve months (July 2001 through July 2002), there were 120,000 visas issued. In the last twelve months (July 2002 until July 2003), however, there were 180,000 visas issued.
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We will conclude our report on this meeting with Mr. Thomas in our September 3, 2004 issue of the MurthyBulletin. As always, the information will also be available on MurthyDotCom. We at The Law Office of Sheela Murthy appreciate Mr. Thomas's generosity in updating Attorney Murthy on the Chennai, India Consulate's policies and practices. It should prove valuable to many MurthyDotCom and MurthyBulletin readers.

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