out of status

[nnmsriram]

Hi

I came here on a H-1 but did not work for 4 months and then APPLIED for a dependant visa after 4 months (a multiple-entry visa was granted after another 3 months with no hassles whatsoever). My lawyer mistakenly put me as employed in the "Explanation of support for stay in US" column in my application for H4 visa. I dont have a single paystub or employer letter to show for my 4 months (my employer practically is absconding - I cant even trace him). Now if I want to go for consular processing, will this discrepancy ie. being stated as "employed" but not having any records for it create problems ? How can I surmount these problems ?

[Xkuger]

out of status

Well you have not posted full details.
1. You said you came here on a H1 ( I presume you had an offer letter when you went to get a H1 Stamp -is it not) - Then why do you say you had no employment offer letter?.
2. Your employer paid you $0 from day 1? -- How did you surive 4 months.
3. You have now file a H4 - Where you married before you came here? Did you marry here?
4. Now you want to go for consular processing ( I presume its you husband as primary doing CP).

Note that any form my false facts anywhere either in CP or AOS can/may land you in serious trouble (It may even lead to revoking you citizenship/green card at ea later date if found -- The Immigration law is very stringent on these issues, so never take that risk).

You can go for CP by all means but state all the facts truthfully.

The possibility is they may not look closely as you are not the primary applicant but you can never say.

[nnmsriram]

Hi,

Thanks for your response.

Yes, I do have an offer letter showing salary and my first project location, but nothing more.
Funny as it may sound, my agent was (is) one of the most callous proffesionals I have ever come across. He showed no interest in following up the dozens of interviews I arranged (most companies needed to enlist him as a third-party vendor to hire me as a sub-contractor); he did not even inform me of his email / address changes. In this bleak scenario, I decided that it was a wild ride and decided to change status after 3 months (the actual lawyer initiation took one more month).

The agent did not pay me a cent as I was not working and so I don't have a single paystub.

Support was no problem as I moved here with my husband who is working on a H1. We both came here on H-1s; then I applied for a change of status.
The application for change is a problem-creator now as it says I "am employed" in the "explanation of support" column.

If I go for CP with my husband, will they ask for paystubs, tax returns etc to substantiate my "employed" status for 4 months ? How can I circumvent this ?

Thanks for your time and input.