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H1B--->Green Card

H1B--->Green Card

Old Jul 19th 2002, 3:12 pm
  #1  
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Default H1B--->Green Card

Hi everyone!I need some help with this question.
My wife has H1B,and I have H4 visa.
We're applying for a GreenCard,
she's got a Labor Dep. approval,and I-140(Immigrant petition
for alien worker) approval also.The question is:
Do we have to submit forms:I-864(Affidovit of support),
9003(Additional questions to be completed by all applicants for Permanet Residence in the United States) and my wife's taxreturn for the last 3 years,because we really don't want to send in this forms if possible,because employer was lying about income,and it was a lot less than was suppose to be(and we don't want to sue him neither,because in that case employer will be fined,and my wife will have her H1B cancelled,and we don't want that).
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Old Jul 19th 2002, 6:20 pm
  #2  
Joachim Feise
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Default Re: H1B--->Green Card

On 19 Jul 2002, Max K. wrote:

    > Hi everyone!I need some help with this question. My wife has H1B,and I have H4
    > visa. We're applying for a GreenCard, she's got a Labor Dep. approval,and
    > I-140(Immigrant petition for alien worker) approval also.The question is: Do we
    > have to submit forms:I-864(Affidovit of support), 9003(Additional questions to be
    > completed by all applicants for Permanet Residence in the United States) and my
    > wife's taxreturn for the last 3 years,because we really don't want to send in
    > this forms if possible,because employer was lying about income,and it was a lot
    > less than was suppose to be(and we don't want to sue him neither,because in that
    > case employer will be fined,and my wife will have her H1B cancelled,and we don't
    > want that).

Hmm, you are in a lot of trouble. This whole mess could easily result in not getting
the GC or having it revoked. Lying to INS about material facts is something you
should never do. You should talk to a good immigration lawyer ASAP to see what you
can salvage from this mess.

-Joe
 
Old Jul 19th 2002, 6:20 pm
  #3  
Sylvia Ottemoel
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Default Re: H1B--->Green Card

Max K. wrote:

    > Hi everyone!I need some help with this question. My wife has H1B,and I have H4
    > visa. We're applying for a GreenCard, she's got a Labor Dep. approval,and
    > I-140(Immigrant petition for alien worker) approval also.The question is: Do we
    > have to submit forms:I-864(Affidovit of support),

The I-864 does not have to be submitted unless the employer has a family
relationship to you.

9003(Additional questions to be completed by all applicants
    > for Permanet Residence in the United States)

This is no longer required. However, INS automatically gets information from the IRS
for each I-485 applicant. If the INS officer compares the IRS information with the
wage indicated on the labor cert and the I-140, and if it is a lot lower, you may be
in trouble.

and my wife's taxreturn for
    > the last 3 years,

No, that is not a mandatory supporting document. INS could request it, however.

because we really don't want to send in this forms if
    > possible,because employer was lying about income,and it was a lot less than was
    > suppose to be(and we don't want to sue him neither,because in that case employer
    > will be fined,and my wife will have her H1B cancelled,and we don't want that).

Your wife should have found an employer with integrity before proceeding with the
permanent resident process. You both have taken a big risk by going along with this,
and you may pay a big price.
 
Old Jul 24th 2002, 12:33 am
  #4  
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Default Re: H1B--->Green Card

Joachim Feise,Sylvia Ottemoel:Thank You for advice.
Well..the whole mess appeared so fast and so unpredictible,
when my wife was applying for her H1B,the lowyer
sent her some filled out forms for employer to sign,among with paper about her wage of 29.900,he(lowyer)
knew that it was impossible,and still said everything's gonna be just fine.Now,months later,he takes his words back and says that employer should have paid the amount of $29.900.
Half of lowers we asked said I-864 should be submitted and half of them said "no".Who do we trust now?...
Some of lowyer said it's not big deal if the wage is a lot less than
it should be,because when we apply for Adj.Of Status they more look at the fact if I work for that company or not,and the wage
could change in this hard times we live in...What are your thoughts about that?Thank You again for help on this question.
P.S. And about Affidavit of Support...I think there was some missunderstanding on this point..The main thing,that I'm
as H4 holder not alowed to work yet.So when my wife send in papers for AOS(last step before GreenCard)I think,
that the low requirie me to be sponsored by someone.(which is my wife in this case)..

Last edited by Max K.; Jul 24th 2002 at 12:40 am.
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Old Jul 24th 2002, 6:20 am
  #5  
Ingo Pakleppa
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Default Re: H1B--->Green Card

On Tue, 23 Jul 2002 20:20:09 -0700, Max K. wrote:

    > Joachim Feise,Sylvia Ottemoel:Thank You for advice. Well..the whole mess appeared
    > so fast and so unpredictible, when my wife was applying for her H1B,the lowyer sent
    > her some filled out forms for employer to sign,among with paper about her wage of
    > 29.900,he(lowyer) knew that it was impossible,and still said everything's gonna be
    > just fine.Now,months later,he takes his words back and says that employer should
    > have paid the amount of $29.900. Half of lowers we asked said I-864 should be
    > submitted and half of them said "no".Who do we trust now?...

It sounds like you had some bad luck with your lawyers. The I-864 is completely
wrong. Only US citizens sponsoring spouses, and a few rare other cases, need it - you
don't fall in that category.

    > Some of lowyer said it's not big deal if the wage is a lot less than it should
    > be,because when we apply for Adj.Of Status they more look at the fact if I work for
    > that company or not,and the wage could change in this hard times we live in...What
    > are your thoughts about that?

Unfortunately, I disagree with that. What counts is the determination Department of
Labor made when the LC was approved. Once that is approved, the number is cast in
stone, and you essentially can't go lower no matter how the market develops (you can
go higher, within reason)

    > Thank You again for help on this question.
    > P.S. And about Affidavit of Support...I think there was some missunderstanding on
    > this point..The main thing,that I'm as H4 holder not alowed to work yet.So
    > when my wife send in papers for AOS(last step before GreenCard)I think, that
    > the low requirie me to be sponsored by someone.(which is my wife in this
    > case)..

This isn't considered "sponsorship". Rather, you get adjusted as the dependent of
your wife.
 

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