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Wilton I have a question about H1B and green card. My

Second opinion] Hi,WiltonI have a...
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. 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 waitfor 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.
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Answered in 2 hours by:
11/26/2017
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,884
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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1. Is it possible that the company remove the payroll record?

There are ways that the company can take the money back from you and reverse the payroll history.
2. If the payroll record cannot be removed, does it influence my pending H1B case(my case is in RFE status)?

Generally the USCIS does not look at payroll records. The only way they can do this is to get it from you or the company. IRS will not release this info to USCIS as it is prohibited by the Privacy Act.
3. If the payroll record cannot be removed, is there any further influence to my immigration status, for example: green card application?

No, as per above. But if you are very very worried about this and loosing sleep, the way to clean your slate is to leave, get visa stamping and come back in as an H1B. Under the adjustment regulations, only violations since LAST entry affect eligibility.
4. If the payroll record cannot be removed, how to get rid of the influences by proving it is a payroll mistake?

Have the employer write an affidavit stating that the payroll disbursement was in error and that you were not providing them any services during that period.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,884
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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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).

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