Pay stubs/W-2 during I-485 processing, even after COS was approved

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.
 
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.

you filed derivative I-485 when your spouse filed I-485 and you have valid I-94 and later filed H1 to H4 change of status that got approved. I dont see problems for your I-485
 
you filed derivative I-485 when your spouse filed I-485 and you have valid I-94 and later filed H1 to H4 change of status that got approved. I dont see problems for your I-485

Actually the change of status from H-1B to H4 was filed prior to filing I-485 as a derivative spouse. In the I-539 (change of status petition), I was asked my the Attorney to declare weekly income as per the H-1B offer letter. When I reminded him that I did not receive income during my H-1B with that consulting company, he told me that is okay. My concern is now is did I inadvertently declare something incorrect on the I-539 and would that be considered as "fraud or misrepresentation" by USCIS.
 
Actually the change of status from H-1B to H4 was filed prior to filing I-485 as a derivative spouse.
------that is OK
In the I-539 (change of status petition), I was asked my the Attorney to declare weekly income as per the H-1B offer letter. When I reminded him that I did not receive income during my H-1B with that consulting company, he told me that is okay.
-----------------now your H4 is approved and it means that you are on valid H4 status(if you dont use EAD and spouse still on H1) I dont think you will face any problem. If USCIS had problem with your H1 status then they would have not approved your H4 status
My concern is now is did I inadvertently declare something incorrect on the I-539 and would that be considered as "fraud or misrepresentation" by USCIS.
-------------------you should have asked the above to your lawyer. Now dont mix I-539 with I-485

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