JohnThomas82
Registered Users (C)
I came to USA on H-1B in Mar 2006, but I was never paid by the Employer since the Employer could not find a project. After one year has passed, I came to know that I am out-of-status (did not fully know immigration laws at that time) and I applied for COS based on my Spouse's H-1B. USCIS did not ask for "my" pay stubs and the COS was approved.
While the H4 change of status petition was pending, I filed for I-485 as a derivative beneficiary on behalf of my husband's I-485 (he has been working for a Fortune 500 company ever since he was in USA, so never had any "bench" issues). In my I-485, I had to mention that my current non-immigrant status was H1B as the H4 approval came "after" we filed for I-485.
In the H4 I-539 petition, there was a question which asks if I was employed in the USCIS and so if the employment was authorized by USCIS. I have provided name of the employer, address and H-1B petition #. When I had a question regarding "weekly income", I shared it with our attorney and he said that I can use the offer letter from the company to arrive at the weekly income. The attorney said that even though I did not had any income, I should calculate it based off the offer letter as it is required on the I-539 form. I never lied to the attorney and of course, never intended to lie with USCIS.
Even though the H-4 was approved without asking for pay stubs, is there a possibility that USCIS would still ask for pay stubs and/or W-2s based on I-485. This was because at the time of filing I-485, the status was still H-1B and the H-4 approval came afterwards. If so, I will be unable to submit them and then my biggest concern is will USCIS say that I acquired H-4 fradulently. It is scarying me immensely even though I never intended to cheat the law ever, not even in my wildest dreams.
Because of the possibility of this issue, I followed up crazily with my employer, who paid a lumpsum amount towards the end 2007, but the pay stub shows a date of Nov 2007. The lumpsum amount was also for only few months and not for the entire duration of H-1B.
Please help, really scared at this time. Is there something I can do to fix the problem. I have not hidden anything, so any help regarding possible next actions I can take would be greatly helpful.
While the H4 change of status petition was pending, I filed for I-485 as a derivative beneficiary on behalf of my husband's I-485 (he has been working for a Fortune 500 company ever since he was in USA, so never had any "bench" issues). In my I-485, I had to mention that my current non-immigrant status was H1B as the H4 approval came "after" we filed for I-485.
In the H4 I-539 petition, there was a question which asks if I was employed in the USCIS and so if the employment was authorized by USCIS. I have provided name of the employer, address and H-1B petition #. When I had a question regarding "weekly income", I shared it with our attorney and he said that I can use the offer letter from the company to arrive at the weekly income. The attorney said that even though I did not had any income, I should calculate it based off the offer letter as it is required on the I-539 form. I never lied to the attorney and of course, never intended to lie with USCIS.
Even though the H-4 was approved without asking for pay stubs, is there a possibility that USCIS would still ask for pay stubs and/or W-2s based on I-485. This was because at the time of filing I-485, the status was still H-1B and the H-4 approval came afterwards. If so, I will be unable to submit them and then my biggest concern is will USCIS say that I acquired H-4 fradulently. It is scarying me immensely even though I never intended to cheat the law ever, not even in my wildest dreams.
Because of the possibility of this issue, I followed up crazily with my employer, who paid a lumpsum amount towards the end 2007, but the pay stub shows a date of Nov 2007. The lumpsum amount was also for only few months and not for the entire duration of H-1B.
Please help, really scared at this time. Is there something I can do to fix the problem. I have not hidden anything, so any help regarding possible next actions I can take would be greatly helpful.