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Question
There is a slight problem in this case too. The payment was given to me AFTER I came back in with the H1B. Though the check says allowance for the dates i was in B1. That is what has been troubling me all this time. Does that make me out of status while in H1B? I did go out after that before my I-485 was submitted so I am thinking about 245(k) applying also.
Sorry to bother you with this question again but I have been spending sleepless nights over this issue. particularly since nothing can be done now to correct it.

Thanks


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Followup To
Question -
This is a very complicated question regarding H1B/B1 and green card so please bear with me while I explain the situation.

I came to the US to a company in CA on a business visa from a company in India. One month after I came here, I was offered a job here and they company offered to process H1B after 2 months. I was also given stock options on the date while I was still in business visa. Since I was not an employee, it was a non statutory option grant (cannot be sold). After 4 months, I got my h1B. I had to leave the country and come back in with the H1B. The company paid me a per diem/allowance of 100 dollars per day for the time I was here on B1. This payment (for 4 months x $100/day) was done all at once AFTER I got my H1B. It was a check. Subsequently I have got my green card.
My question is this -

Will the per diem be considered payment and therefore my stay here on B1 be out of status?
If so, will it be grounds to revoke my green card?
If it is revoked, what will happen to my earnings here? what happens to my earning if my green card is revoked and I have to go back? I am worried that because of the way the B1 was handled, I might lose all status and my earnings here at any time. Please advice.




Answer -
Hi Ashish,

Now that your I-485 ("green-card") was approved it will not be rescinded since it was not obtained fraudulently. You are not required to volunteer any information about payment received while in B-1 status, and the I-140/I-485 paperwork that you did submit was fine since otherwise the I-485 would not have been approved.

Occasionally a green-card is rescinded when an employee leaves the sponsoring company within 6 months of obtaining a GC, and if the company informs the USCIS that the employee never had any intention of working at the company but merely used the company for sponsorship to obtain a GC, the USCIS can investigate further. However, there has never been a rescission based on the fact pattern that you described in your email.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Answer
Hi Ashish,

Believe me that the USCIS does not have a copy of the paystub in question, and even if they did, they simply do not have the resources to conduct an IRS level audit of your case. As a practical matter, there is 0% probability of there being any problem with keeping your GC.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

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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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