I485 W2 issue

U

userpa

New Member
To all Guru's ... Need Help !

I765 Approved
I140 Approved
I485 Pending, filed in 04/2004.
AP till Mid 2005

My Question is I want to travel to India to marry and may take 2 months before I come back. Also 3 months in middle of this year I was in india, overall I will be working 7 months this year. Since I will be out of USA my W2 will be low this year.
DOES THAT affect my I485 application(at the time of stamping)
Have valid visa H1B till April 2005
AP till July 2005
LCA filled for 80k

Thanks a Tonn !!!!
 
NOT a problem....atleast I guess

As of my knowledge, it is NOT AT ALL a problem since you were totally out of USA.

I had a experience with CIS for my I-140 RFE.... Initially I submitted my W2 for the year 2002 (its very low)....then CIS send RFE to send recent W2 (i.e 2003) since 2002 W2 is showing low amount...W2 for 2003 is also showing low amount, but I had worked all the months in 2003 except 3.5 months (I was in India for my marriage).

I told to my attorney the reason and he drafted a letter with RFE response that I was out of USA for 3.5 months and that is the reason the recent W2 (2003) shows less amount (to prevent RFE again for the new W2....its like of precaution).....

Finally my I-140 is approved.....

Hope this will give you a confidence....
 
userpa said:
My Question is I want to travel to India to marry and may take 2 months before I come back. Also 3 months in middle of this year I was in india, overall I will be working 7 months this year. Since I will be out of USA my W2 will be low this year.
DOES THAT affect my I485 application(at the time of stamping)
Have valid visa H1B till April 2005
AP till July 2005
LCA filled for 80k
Click to expand...

Most of the times USCIS figures out salary figure from paystubs. So if your paystubs are in order, you are fine. Most of the times W-2 does not refect the actual salary figure (and USCIS knows that) because W2 number is after deducting all the pre-taxed amounts - like medical premiums, 401K etc. In addition there are bonuses, part-time jobs, unpaid leaves etc etc etc.
 
How could CIS know

Pralay,

In this scenario, how could USCIS knows that all the time you were on the project or status with current H1B or current EAD.....

If I have a paystubs at the time of RFE, that is fine even if W2 shows up less amount......

I got this question becaz, lot of us (consultants) on different projects and there is a idle time between projects (say a month or two)....at this time what will be the status of that guy.....

Thanks
 
clear485 said:
In this scenario, how could USCIS knows that all the time you were on the project or status with current H1B or current EAD.....

If I have a paystubs at the time of RFE, that is fine even if W2 shows up less amount......

I got this question becaz, lot of us (consultants) on different projects and there is a idle time between projects (say a month or two)....at this time what will be the status of that guy.....
Click to expand...
You are pointing several issues which are not exactly related.

First of all, LC salary figure is for future employment (after you get your GC). So, it really does not matter if you get lower than LC salary now.

Secondly, I don't think USCIS was/is very successful to figure our or deal with the "bench-time" issue, which is not legal if the the beneficiary is on H1 status (that's the very reason this practice still exists). However, if you are on EAD, "bench-time" is perfectly legal. That's the very reason many consulting companies prefer their employees to work on EAD (and not renewing H1) - because that way they are not breaking any law. So this issue is not an issue at all - atleast not for issue.

Thirdly,
Yes, W-2 gives an idea about employer's ability to pay. But that's it. Getting 10K or 15K less should not matter (remember that in 401K you can pay upto 10K per year). For example, if your LC lasary is 80K and you are getting 40K, that can raise eyebrow for adjucator. In that case probably some explanation required (or USCIS can ask company's tax return/DE-6 etc). But if your W2 shows 65K, you are just fine.
 
Thanks for the response.....

I don't have much knowledge on these issues, I really want to know what will happen in this scenario....

I came to know that it is legal if we work on EAD and sit idle between projects.....

Thanks again
 
clear485 said:
I came to know that it is legal if we work on EAD and sit idle between projects.....
Click to expand...

Because the beneficiary must be paid the LCA salary - that's H1 law. EAD does not have such law. On EAD, employer can pay the minimum hourly wage and still it won't break any law.
 
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