Q: what kind of documents are essential to explain the circumstances to immigration authorities and how to overcome this si
Arrived in the United States on a H4 visa in 2022.
- Transitioned to an H1-B visa in October 2022, although it remains unstamped.
- Labor Condition Application (LCA) for the H1-B indicated a wage of $80,000.
- 2023 W2 reflects only $18,560 due to an unpaid maternity leave for six months and reduced work hours for the remainder.
Question is Will the discrepancy between my 2023 W2 earnings and the LCA wage of $80,000 pose a problem for my H1-B status? The reduced earnings were due to legitimate reasons such as unpaid maternity leave and reduced work hours, what kind of documents are essential to explain the circumstances to immigration authorities and how to overcome this situation, how to explain this to the immigration authorities??
A:
The discrepancy between your LCA wage and your actual earnings as reflected in your W2 due to unpaid maternity leave and reduced work hours could raise questions regarding your H1-B status compliance. It's crucial to address this proactively with the immigration authorities to avoid potential issues.
To explain your situation, gather comprehensive documentation. This should include a detailed letter from your employer explaining the reason for the discrepancy, including specifics about your maternity leave and reduced work hours. Also, include any official documentation related to your maternity leave and any agreements or communications regarding your reduced work schedule. These documents will help demonstrate that the reduced wages were due to legitimate, temporary circumstances.
When communicating with immigration authorities, clarity and honesty are key. Present your documents in an organized manner, clearly explaining the situation. It may also be beneficial to consult with an immigration attorney who can guide you on the best approach to take with your case and ensure that you're presenting your situation in the best light to maintain your H1-B status.
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