140 applying issues

S

sushmie

Registered Users (C)
Hi,

I have been on extended vacation for the last 6 months without any paystub or salary, can my employer apply for my I140 or should i start getting my paystub & then only apply for my i 140, do u see any probelms later during the 485 stage also. need help very badly
 
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A. Theoretically, no problem, but practically speaking, there could be an issue.

Theoretically, the green card is for a future job. You have to join that job only when you get the green card approval.

As a practical matter, if you are not getting paid, or if you take a long level of absence, or reduce your working hours, that creates doubt. The government agencies then could question if the green card job really exists. This situation may not arise, but it is certainly a possibility.

So if you are in such a situation, to be safe, you must have a good (true) explanation for the circumstances. The explanation should be reasonable enough to prove that the green card job still exists. That really is the main point.

Regards.
Law Office of Rajiv S. Khanna, PC
 
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