earthdefence
New Member
I need urgent advice!
H1B/I94 expiring in two weeks and am in process of filing transfer/extension
I was on very long unpaid leave (like a year) (inside USA) to take care of relative who had health problems.
I still came to office to work like one week every month to keep the employer/employee relationship and got paid for that week, so I have paystubs for every months, but obviously because of that salary on paystubs is only like 25% of LCA.
I asked two lawyers if its going to be a problem. One of them said that I'll just send my paystubs and if they ask about it I can explain and document my LOA and that since I requested the LOA there is still employer employee relationship so it should still get approved
But I was worried so I asked another lawyer for opinion and he said that USCIS will not like long LOA and will deny application so its better to submit new application without requesting extension of status and then go to home country to consular processing and re-enter. He said that way I dont need to submit pay stubs and uscis wont ask me questions about my status.
When I told the 1st lawyer what second lawyer had told me, he said that he still thinks I should go with trying to get extension and that worst case, the H1B will get approved but without I-94 and I go to home country consulate for processing.
So now am confused and not sure whats the best way . Already payed lawyers a lot of money dont want to go to third lawyer and get confused more. Any advice is appreciated. I think my main concern is:
Is it really the "worst case" of filing H1b transfer with pay stubs less then minimum wage that they will approve the H1b but without I94? or is there some other risks like getting denied or even getting deported??
or maybe can i try the transfer without submitting my paystubs can that go through?
H1B/I94 expiring in two weeks and am in process of filing transfer/extension
I was on very long unpaid leave (like a year) (inside USA) to take care of relative who had health problems.
I still came to office to work like one week every month to keep the employer/employee relationship and got paid for that week, so I have paystubs for every months, but obviously because of that salary on paystubs is only like 25% of LCA.
I asked two lawyers if its going to be a problem. One of them said that I'll just send my paystubs and if they ask about it I can explain and document my LOA and that since I requested the LOA there is still employer employee relationship so it should still get approved
But I was worried so I asked another lawyer for opinion and he said that USCIS will not like long LOA and will deny application so its better to submit new application without requesting extension of status and then go to home country to consular processing and re-enter. He said that way I dont need to submit pay stubs and uscis wont ask me questions about my status.
When I told the 1st lawyer what second lawyer had told me, he said that he still thinks I should go with trying to get extension and that worst case, the H1B will get approved but without I-94 and I go to home country consulate for processing.
So now am confused and not sure whats the best way . Already payed lawyers a lot of money dont want to go to third lawyer and get confused more. Any advice is appreciated. I think my main concern is:
Is it really the "worst case" of filing H1b transfer with pay stubs less then minimum wage that they will approve the H1b but without I94? or is there some other risks like getting denied or even getting deported??
or maybe can i try the transfer without submitting my paystubs can that go through?