Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have a question about H1B and green card. My situation is…

Hi,I have a question about...
Hi,I have a question about H1B and green card. My situation is like this:My OPT supposed to end on 06/09 this year, but my company filed H1B and my case got selected in lottery. So OPT was extended to 09/30. And my H1B case has no result till 09/30. So I have stopped working from 10/01 and wait for my H1B to get approved. So I do not have working authorization from 10/01. My company mistakenly paid me for October, and filed on payroll. I can transfer the money back to company.Questions:
1. Is it possible that the company remove the payroll record?
2. If the payroll record cannot be removed, does it influence my pending H1B case(my case is in RFE status)?
3. If the payroll record cannot be removed, is there any further influence to my immigration status, for example: green card application?
4. If the payroll record cannot be removed, how to get rid of the influences by proving it is a payroll mistake?Thank you.
Xiaotian
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 17 minutes by:
11/23/2017
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 13,389
Experience: Write FOR JAMES to get my help!
Verified
Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience. Please allow me some time to review your question and to prepare a response.As I am doing so, keep in mind that a normal part of dealing with complicated legal issues is that you might experience some delays. Please do not opt me out expecting a faster response. This will only result in further delays. Thank you in advance for your patience and understanding.
Ask Your Own Immigration Law Question
Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!ANSWER: There is no way to know how this might influence a case because there is no way to know if the USCIS will actually know about it. The main thing to remember is that if you were not working then you did not engage in unauthorized employment and did not violate any laws. There is no prohibition in the law that says you can’t get money for doing nothing in return.If it does come up, which again, I doubt. The employer should simply explain that there was a payroll/HR error and that you were not engaged in any employment at all. This should come from the payroll people. You should pay that money back, so that they an also say any money you received in error was returned to the company.As far as whether the payroll can be fixed, that’s not an immigration matter. That’s dependent on the partial system and the person or entity who runs it.I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.If you want to talk on the phone, I am available to do that for an additional fee.And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.Thank you!
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 13,389
Experience: Write FOR JAMES to get my help!
Verified
Expert James and 87 other Immigration Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 months ago
Hi James,Thank you for your detailed answer! I really appreciate your fast response. If there are 10 stars, I will definitely give you 10! Thank you so much.Xiaotian
Thanks for your kindness! You’re always welcome to reward me with a good bonus if you feel I’ve earned it.
Ask Your Own Immigration Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an immigration lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Expert James Your Own Question
Expert James
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 13,389
13,389 Satisfied Customers
Experience: Write FOR JAMES to get my help!

Expert James is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

4,009 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo Senmartin

Guillermo Senmartin

Immigration Attorney

50,990 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Immigration Law Questions
Wilton I have a question about H1B and green card. My
Second opinion] Hi,WiltonI have a question about H1B and green card. My situation is like this:My OPT supposed to end on 06/09 this year, but my company filed H1B and my case got selected in lottery. … read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
29,848 satisfied customers
Please help me determine my H1B eligibility period. VisaType
Please help me determine my H1B eligibility period .VisaType USEntry and ExitDates B1 (CompanyA) 06/Nov/2003 - 04/Dec/2003 L1A(CompanyA) 16/Dec/2003 - 24/Apr/2004 L1A(CompanyA) 27/Jun/2004 - 28/Aug/20… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
29,848 satisfied customers
My H1B got picked in the lottery in April 2015 but received
My H1B got picked in the lottery in April 2015 but received an RFE in September 2015. Now my employer told me that he has withdrawn the application as other RFE's from the company has got denied.But o… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
29,848 satisfied customers
Friends, I get recently of from my company. Need urgent
Friends, I get recently laid of from my company. Need urgent advice. My Case Jan-20-2015 OPT Start Date April-01-2015 H1b Filed Aug-10-2015 H1b Approved; On August 10, 2015, we approved your Form I-12… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
29,848 satisfied customers
I am an international student working University, I
Hi, I am an international student working for an University, I graduated in 2014 and was working on OPT, I got my STEM approved (till next June 2016). As, I was looking for new job opportunities, I ap… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
29,848 satisfied customers
, I have below questions: 1. I am currently in OPT
Hi, I have below questions: 1. I am currently in OPT status. I am working from company A. There is a company B that is currently running my pay stubs. Company A and B are sister companies dbw (doing b… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
29,848 satisfied customers
My L1B visa got expired on 18-JUN-2013 and also I-94 expired
My L1B visa got expired on 18-JUN-2013 and also I-94 expired on same date. Before expire of my VISA, my employer applied for (L1B to L1A conversion) extension and I got RFE with due date as 16-SEP-201… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
29,848 satisfied customers
Dear Judith! My H-1B with company A began in 10/01/2009 and
Dear Judith! My H-1B with company A began in 10/01/2009 and my extension is approved till 09/25/2015. If I change my employer to company B and it's denied, I am out of status? If at that point, compan… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
29,848 satisfied customers
While on OPT last year, I volunteered for a friend for a few
While on OPT last year, I volunteered for a friend for a few months to stay within OPT status. I'm now employed full time elsewhere. I applied for my STEM extension and got an RFE. They need hours wor… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
29,848 satisfied customers
Hi, I have a situation, where I will need your esteemed advise
Hi, I have a situation, where I will need your esteemed advise 1) Currently I work for Company A on L1B Blanket VISA status here in the USA, which was valid until Jun 9th 2012. The VISA status and I-9… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
29,848 satisfied customers
I am filing for 485 adjustment of status for green card and
I am filing for 485 adjustment of status for green card and got RFE to ask for evidence for status. I could have an issue here and want to know how to remedy. I have been on H1B status working one emp… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
Hi, I got my h1b approved today and currently i am working
Hi, I got my h1b approved today and currently i am working in opt. I am planning to get married in september and will it be possible for me and my spouse to get stamping done by sep 1st and come back … read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
29,848 satisfied customers
Issue : I am on J2 visa & work in US on the basis of EAD renewed
Issue : I am on J2 visa & work in US on the basis of EAD renewed yearly. Previous EAD expiry date: 01/31/10 EAD Renewal applied for: 12/29/09 Date received as per USCIS Receipt: 01/06/10 Renewed EAD S… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
29,848 satisfied customers
Hi! I Graduated with Masters Degree on December 2008. My OPT
Hi! I Graduated with Masters Degree on December 2008. My OPT Valid from October 1, 2008 to September 30, 2009. Company 1: Employed from November 2008 to June 2009 Filed H1B on April 2009 and got H1B a… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
29,848 satisfied customers
Id like to get some information regarding situation mentioned
I'd like to get some information regarding situation mentioned below. My wife (currently on H4) has H1B approved for year 2010 from company XYZ and She'll be on their H1 from Oct 1st, 09. Due to the f… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
29,848 satisfied customers
1) I am on OPT and it is valid 06/04/09 through 04/25/10 2)
1) I am on OPT and it is valid: 06/04/09 through 04/25/10 2) I have filed H1B for 2009 and it is approved with I797B valid: 10/01/2009 through 11/30/2011 So, my question is: Can i work on OPT still be… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
29,848 satisfied customers
i went to college in the state under F-1 visa. Now i am working
i went to college in the state under F-1 visa. Now i am working under OPT. My opt will expire in may 30. 2009.I currently have a full time job in my study field.However I am not sure if they will spon… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
29,848 satisfied customers
Hi, please advise on the below case. I was employed with employer
Hi, please advise on the below case. I was employed with employer-A. H1B&I94 had expiry-date-06/30/08. Applied-for-H1B-extension thru A. Approval-sent-on-05/12/08 to A and H1B-extension-approved from-… read more
Leena R. Kamat, Esq.
Leena R. Kamat, Esq.
Attorney
Doctoral Degree
44 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x