485 Question

lil_joe

Registered Users (C)
I had applied for 485/140/EAD/AP back in Aug 2003.

My 140 is approved and I have EAD/AP approved.

My FP 1 is not done yet.

I have a problmes(as my project is coming to an end in October). I am thinking of taking a 3-4 month vacation to India and come back in January.

Will I be out of status?

What will be the fate of my FP? If I finish my FP and go to India for 3-4 months, will I become out of status(as I wont have paystubs for 3-4 months)??
 
Going to india will not make you out of status as you are right now in AOS stage and till your I485 is adjudicated, you are allowed legally to stay in US.

And regarding FP, I always think it is a good idea to do FP and then go to India as you don't want to unnessarily delay the case further. And regarding Pay stubs, it is always good to have pay stubs for all the months till your I485 is done as in case if CIS sends an RFE's for Paystub you don't have to again look for alternatives but it is not mandatory to have all the pay stubs as GC is for future employment and if your employer is willing to support you on your I485 and it has good financial record then I think you can go to India for a Vacation.
 
needhelp1 said:
Going to india will not make you out of status as you are right now in AOS stage and till your I485 is adjudicated, you are allowed legally to stay in US.

And regarding FP, I always think it is a good idea to do FP and then go to India as you don't want to unnessarily delay the case further. And regarding Pay stubs, it is always good to have pay stubs for all the months till your I485 is done as in case if CIS sends an RFE's for Paystub you don't have to again look for alternatives but it is not mandatory to have all the pay stubs as GC is for future employment and if your employer is willing to support you on your I485 and it has good financial record then I think you can go to India for a Vacation.

Thanks for the info.
As I work for a consulting company, I will be taking unpaid leave when I go to India. So, I won't have paystubs for that period.

Is that ok?

If an RFE for paystubs comes, how can I answer that question?
 
As we all know that GC is for future employment and if you get an RFE for Pay stubs then you should give what ever you have and also your company should be able to show that it has good financial ability to Pay then you should not have any major issues. Ask them to keep you on Pay Roll and take UNPAID vacation and if CIS asks for your Paystubs then you can tell them that you were out of Country on Vacation. Again it depends on lots of other factors like your company financial status, how big your company is, how much Pay you got till date for the calender year and most importantly how much Salary your Labor Petition has.

I did the same thing last year, I took two months off and went to India and I requested my company to pay me very minimam as per their rules and keep me on the Pay roll. May be you can also try asking them if they can do anything like what I did.
 
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