H1B revoked due to underpaid wage per annum

chryz

New Member
I've been to all the processing to get my greencard.. i got my biometrics and i got my working authorization card. Im just waiting for my greencard when the immigration sent me the notice that my H1B was revoked. The reason for this decision is that I was underpaid during 2003. My actual salary is not the same with the amount stated on the contract. My lawyer submitted a rebuttal. He sent all my paystubs and W-2s. It just showed that after 2003, my salary is ok. But it didn't work, the immigration made the decision to revoked my H1B. The immigration still give me the chance of 30 days (now 2 weeks) to submit an appeal.
Is there anyone who could help me to save my greencard? Is there anyone who have the idea what appeal do we need?
Thanks i need the answer ASAP...
 
I've been to all the processing to get my greencard.. i got my biometrics and i got my working authorization card. Im just waiting for my greencard when the immigration sent me the notice that my H1B was revoked. The reason for this decision is that I was underpaid during 2003. My actual salary is not the same with the amount stated on the contract. My lawyer submitted a rebuttal. He sent all my paystubs and W-2s. It just showed that after 2003, my salary is ok. But it didn't work, the immigration made the decision to revoked my H1B. The immigration still give me the chance of 30 days (now 2 weeks) to submit an appeal.
Is there anyone who could help me to save my greencard? Is there anyone who have the idea what appeal do we need?
Thanks i need the answer ASAP...

Sorry to hear this. I am not sure what is the criteria for which the H1B is revoked. The application for the H1B should state clearly the range of wages for that position and your pay should be in that range. If that is not that case you might need to apply for another H1B (i.e. other position) and do this all over but properly now and then reapply for GC.

Please note this is only what I think and it is not an advice. I think you need to be creative here and fast and run all these ideas by your attorney and by your employed (or another employer if need be).

Did your attorney tell you what happens if the H1B is revoked? How can it be revoked now after so many years. You must've renewed it at least once since 2003 and this underpay should've been caught then.

Please provide more details.
 
I've been to all the processing to get my greencard.. i got my biometrics and i got my working authorization card. Im just waiting for my greencard when the immigration sent me the notice that my H1B was revoked. The reason for this decision is that I was underpaid during 2003. My actual salary is not the same with the amount stated on the contract. My lawyer submitted a rebuttal. He sent all my paystubs and W-2s. It just showed that after 2003, my salary is ok. But it didn't work, the immigration made the decision to revoked my H1B. The immigration still give me the chance of 30 days (now 2 weeks) to submit an appeal.
Is there anyone who could help me to save my greencard? Is there anyone who have the idea what appeal do we need?
Thanks i need the answer ASAP...

Was it revoked during the I140 filing stage? or did you try to renew your H1B? You said you cleared the Biometrics - so I guess you already cleared yor I-140?
 
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