Need help plss

P

pkv3

New Member
Hi All,
I need some very imp info from u guys that will dictate my future.

In 2004 i got a job with some consultancy and after 2 months i lost my job suddenly at my client place and i got into troubles with my consultancy. I was on bench for 1.5 months and i wasn't paid by them, so i left them and then I got a new job and H1 with some other consultancy and i'm still with them. Question is in 2004 i've 2 W2s, one with my old employer and one with my new employer, W2 with my old employer for those 4 months is having 4k less than what was quoted in it's LCA wages. W2 with my new employer is good (actually more than the LCA quoted wages) in all respects until now. So now if i apply for my G.C in PERM will i have any kind of problems in any part of g.c stages?? I read that if something is bad like these(W2 < LCA wages) and if i apply in PERM i would get deported immediately. I would greatly appreciate if some one can answer this soon.

Thanks a lot!
 
pkv3 said:
Hi All,
I need some very imp info from u guys that will dictate my future.

In 2004 i got a job with some consultancy and after 2 months i lost my job suddenly at my client place and i got into troubles with my consultancy. I was on bench for 1.5 months and i wasn't paid by them, so i left them and then I got a new job and H1 with some other consultancy and i'm still with them. Question is in 2004 i've 2 W2s, one with my old employer and one with my new employer, W2 with my old employer for those 4 months is having 4k less than what was quoted in it's LCA wages. W2 with my new employer is good (actually more than the LCA quoted wages) in all respects until now. So now if i apply for my G.C in PERM will i have any kind of problems in any part of g.c stages?? I read that if something is bad like these(W2 < LCA wages) and if i apply in PERM i would get deported immediately. I would greatly appreciate if some one can answer this soon.

Thanks a lot!
Click to expand...

Relax!! You have not accrued more than 180 days of unlawful presence in the US which is when you get barred from entering theUS for 3 yrs or 10 yrs.

Here is the solution for you:
You will need to go out of the US and re-enter US with a H-1B visa stamp in your passport. Then you will get a new I-94 and a brand new status that is clean.

In the last step of green card process (I-485 or adjustment of status), there is question on I-485 which asks whether you have been unlawfully present (out of status) ever since you last entered the US? If you re-enter the US with a H-1B visa stamp, the answer to this question will be "No" since you would have acquired a new lawful status at the time of entering the US after H-1B visa stamping abroad.

However, W2 being lesser than LCA can cause problems during H-1B visa stamping at consulate abroad. Just be realxed and explain to the consular officer what your previous company did to you. I have known pother people in this situation and they have re-entered the US after stamping from Chennai consulate.

This is not likely to cause problems in the green card process if you re-enter with a new I-94.
 
thnx for ur prompt reply

Thnx for ur prompt reply Vinay. My new H1 visa is already stamped a year ago. This reply relaxed me so much :-)
 
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