lost_angeles
Registered Users (C)
Hello,
Warning : Pl read only if you have time to kill and thought to spare.
Now that I have already warned you, I would appreciate if you can weigh my situation and give me any suggestions or discuss my options.
My background :
1. Completed Bachelor's of Engg. from India in 1998 and came to USA on a F-1 visa in Aug 1999. The F-1 visa stamp had a validity/expiry date of May 2001.
2. Graduated with Master's in Engg degree in May 2001, got my OPT EAD card in Jul 2001 which was valid till Jun 2002. Intermittently worked on some part time jobs on OPT till Jun 2002. I was able to find a Detroit based employer/consultant agency who filed for my H-1 visa in Jun 2002. Got my H-1 visa approval in Sep 2002; but the 797 had a start date of Jun 2002. The Michigan LCA for my H-1 visa approval had salary of 42K / Yr.
3. Started working on H-1 visa in Oct 2002. The LCA for my H-1 visa was approved in Michigan but I got my consulting project in Indiana where the minimum salary for H-1 was 35K/yr.Using this pretext my employer fixed my salary at 35K/yr. My total earnings for the year 2002 were around 10K.
4. Continued to work for same employer and on same project in 2003, my salary was raised to 40K in Apr 2003. Also I got work related bonuses of around 3K. My total earnings for 2003 were around 42K.
5. Continued to work for same employer and on same project in 2004, my salary was hiked to 50K in Jan 2004. I took a new job in Jul 2004; where I am working currently. This is a permanent job and my salary is 60K/yr. I have just received my 797 approval. My projected earnings for 2004 are around 58K. This include some work related bonuses.
6. In this five years, I had some serious problems with my credit. I was not able to pay credit card bills in time and two of them were listed as defaulted. Also I made a balance settlement with one of the credit card companies and this was listed in my 2003 tax return earnings as debt cancellation (700 dollars).
I don't know if it counts, but I have never been out of status in USA, except for Aug - Sep 2002, about which I am not sure.
I am planning to visit India in Nov 2004; Mumbai consulate. I know that chances of getting my visa stamped are slim and am already planning a moving sale
The main issues as I see them are:
a. salary less than LCA for few months even though it is not apparent on W2s/tax returns.
b. original F-1 visa stamp expired in May 2001.
c. credit problems and debt cancellation entry in 2003 Tax return.
* Do you think contacting an attorney will help in any way. If yes, do you have any suggestions / recommendations for attorney.
* Is going to Canada/Mexico a better option.
* Any other suggestions.
Thanks for going thru my rather long post.
Regards.
Warning : Pl read only if you have time to kill and thought to spare.
Now that I have already warned you, I would appreciate if you can weigh my situation and give me any suggestions or discuss my options.
My background :
1. Completed Bachelor's of Engg. from India in 1998 and came to USA on a F-1 visa in Aug 1999. The F-1 visa stamp had a validity/expiry date of May 2001.
2. Graduated with Master's in Engg degree in May 2001, got my OPT EAD card in Jul 2001 which was valid till Jun 2002. Intermittently worked on some part time jobs on OPT till Jun 2002. I was able to find a Detroit based employer/consultant agency who filed for my H-1 visa in Jun 2002. Got my H-1 visa approval in Sep 2002; but the 797 had a start date of Jun 2002. The Michigan LCA for my H-1 visa approval had salary of 42K / Yr.
3. Started working on H-1 visa in Oct 2002. The LCA for my H-1 visa was approved in Michigan but I got my consulting project in Indiana where the minimum salary for H-1 was 35K/yr.Using this pretext my employer fixed my salary at 35K/yr. My total earnings for the year 2002 were around 10K.
4. Continued to work for same employer and on same project in 2003, my salary was raised to 40K in Apr 2003. Also I got work related bonuses of around 3K. My total earnings for 2003 were around 42K.
5. Continued to work for same employer and on same project in 2004, my salary was hiked to 50K in Jan 2004. I took a new job in Jul 2004; where I am working currently. This is a permanent job and my salary is 60K/yr. I have just received my 797 approval. My projected earnings for 2004 are around 58K. This include some work related bonuses.
6. In this five years, I had some serious problems with my credit. I was not able to pay credit card bills in time and two of them were listed as defaulted. Also I made a balance settlement with one of the credit card companies and this was listed in my 2003 tax return earnings as debt cancellation (700 dollars).
I don't know if it counts, but I have never been out of status in USA, except for Aug - Sep 2002, about which I am not sure.
I am planning to visit India in Nov 2004; Mumbai consulate. I know that chances of getting my visa stamped are slim and am already planning a moving sale
The main issues as I see them are:
a. salary less than LCA for few months even though it is not apparent on W2s/tax returns.
b. original F-1 visa stamp expired in May 2001.
c. credit problems and debt cancellation entry in 2003 Tax return.
* Do you think contacting an attorney will help in any way. If yes, do you have any suggestions / recommendations for attorney.
* Is going to Canada/Mexico a better option.
* Any other suggestions.
Thanks for going thru my rather long post.
Regards.