I-485 filing issues if didn't meet YTD as per LCA

[kk2299]

Hi,

I worked on H1B for 6+ yrs and my I-140 approved.
For this year my YTD is only 40% of my LCA amount ( with random payroll run) bcos of bench stay. My H1 is going to expire by month end. FYI...I've not been laid off/terminated till now.

So my questions are:
1. Do I face any issues bcos of YTD not meeting LCA amt, whenever my PD becomes current in future?

2. If so, what kind of problems I may see?

3. What kind of precautions I need to take care at this point of time to avoid any processing issues after filing I-485 in future?

4. Somebody told me to submit WH4 to DOL to avoid W2 (while going for stamping in future) and I-485 processing issues, bcos as a basic rule I should get paid as per LCA irrespective of on job or bench. Is WH4 submitting creates any kinds of problems to me in anyways ? How practically this works in real time?

5. How much time approximately DOL takes to fix the YTD as per LCA after submission?

6. Can I raise this WH4 form from native country or do I need to submit this only after I get into the country? Read somewhere WH4 related issues can be raised with in 1 yr time frame from the missing pay period.

7. Is there any other best approaches to fix this problem??

8. This has been reminded to Employer few times and he says this can be fixed with back dated payroll with help of financial accountant when any issues comes in future. Is this possible??

Appreciate your quick and valuable responses for each point in detail.

Thanks in advance,
kk

[shervin143]

1. Do I face any issues bcos of YTD not meeting LCA amt, whenever my PD becomes current in future?
>>> Yes, it can be a problem. If the officer checks your W2, they will figure out that you were out of status on H1B. There is no concept of bench while you are in H1B.

2. If so, what kind of problems I may see?
>>> There can be an RFE when you file the transfer or extension. VO can question yo when you go for visa interview. This can be reviewed at any stage during your GC process.

3. What kind of precautions I need to take care at this point of time to avoid any processing issues after filing I-485 in future?
>>> You need to make sure your employer pays you as per the approved LCA to reinstate your H1B out of status period.

4. Somebody told me to submit WH4 to DOL to avoid W2 (while going for stamping in future) and I-485 processing issues, bcos as a basic rule I should get paid as per LCA irrespective of on job or bench. Is WH4 submitting creates any kinds of problems to me in anyways ? How practically this works in real time?
>>>The employer should pay you irrespective of where they can provide you work or not. Your H1B is approved based on your LCA. A complaint to DOL about yoru employer can work because they will send a notice to the employer to pay you.

5. How much time approximately DOL takes to fix the YTD as per LCA after submission?
>>> N/A.

6. Can I raise this WH4 form from native country or do I need to submit this only after I get into the country? Read somewhere WH4 related issues can be raised with in 1 yr time frame from the missing pay period.
>>> YOu can file it form anywhere. It has to be filed within 1 year from employer not paying you.

7. Is there any other best approaches to fix this problem??
>>> Ask teh employer to pay you with back dates payroll.

8. This has been reminded to Employer few times and he says this can be fixed with back dated payroll with help of financial accountant when any issues comes in future. Is this possible??
>>> Possible.