My employer has filed my I-140 in Aug, 2003 and it is still pending. I'm eager to start my 485 process but here is a glitch that makes my Co. lawyer hesitant and I'm told to hold off until my I-140 is approved.
I've to provide W-2(income tax) forms for years 2001, 2002 and 2003 and but my salary figures for 2001 are off by 30% and 2002 are off by 10% (billing problems with the client) against the salary mentioned in my H1B petition. The reason for the difference is bcos I was not paid while not on a project (by the same employer). If I go ahead with my 485 filing and if there is a subsequent inquiry by the INS:
1) Do I stand to justify my H1B status as current by providing some of my most recent salary slips - in fact for the past 6 months if need be?
2) Will the INS be insisting on an explaination for the 2001 & 2002 difference more than anything?
3) Since my I-140 has not been approved yet, will I be forced to reapply I-140 again and the 485 too?
4) Can I face a possible deportation since my 6 yrs period on H1B gets over in Sept, 2004?
Advice from someone with similar W2 scenario will be appreciated.
I've to provide W-2(income tax) forms for years 2001, 2002 and 2003 and but my salary figures for 2001 are off by 30% and 2002 are off by 10% (billing problems with the client) against the salary mentioned in my H1B petition. The reason for the difference is bcos I was not paid while not on a project (by the same employer). If I go ahead with my 485 filing and if there is a subsequent inquiry by the INS:
1) Do I stand to justify my H1B status as current by providing some of my most recent salary slips - in fact for the past 6 months if need be?
2) Will the INS be insisting on an explaination for the 2001 & 2002 difference more than anything?
3) Since my I-140 has not been approved yet, will I be forced to reapply I-140 again and the 485 too?
4) Can I face a possible deportation since my 6 yrs period on H1B gets over in Sept, 2004?
Advice from someone with similar W2 scenario will be appreciated.