Immigration Issues/I-485

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Question
Hello, thanks for helping. I have been on H1 for one year, before that I was on F1 visa. For the last three months I have been on the bench without pay, now it is time for me to apply for green card through the petition my brother filed long time ago. I am protected under 245(i) and have good relation with the employer, only problem is there was no project so I did not get paid. My question is should I apply with the 1000 dollars penalty or just apply as a regular AOS applicant since this is not employment based status adjustment.

Answer
Hi,

Apply at this time as a regular AOS applicant. If the USCIS later determines that you were in technical violation of your status by not being paid the agreed-upon salary from your employer for the 3 month period prior to I-485 filing, then you will be allowed to pay the penalty fee of $1000 at that time.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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