Am in a FIX

T

tan67

Registered Users (C)
I am in a fix any suggestions would be welcome.

My RD is 03/02

Changed jobs two months ago as original employer was paying reduced salary. New employer turned out to be a tyrant.
Now have given notice to the new employer that I am quitting.His reply that I have to continue working at reduced salary until replacement is hired whatever time it may take.

I didnot inform BCIS of job change and am on EAD.
My original employer is still willing to provide me any documentation for immigration but can`t pay me therefore no paystubs.

Now if I get a RFE what are my options ?

Any suggestion would be greatly appreciated
 
sorry to read about your predicament.

i guess the only good solution to this is to find a third employer, one that you can stay with. it your first employer's financial situation is expected to improve, then they you could get your GC approved on their stated intention to hire you as a permanent employee once your GC is approved (inasmuch as EB GC is for future employment). not much that i could think of beyond these two options.

you can email me if you want to discuss this further.
 
Hey Pork,

Can his wife start a new company and hire him on EAD and start paying him thru the company (savings..)? meanwhile he can look for a new job. In that way he will be at least legally under status and if an RFE is issued he can show his paystubs as well as exp letter.

I am really not an attorney…this is just a personal suggestion and also what’s the harm in this???
 
andy2000

won't work for 2 reasons:

1. you cannot be sponsored for immigration by a commercial enterprise where you, or your immediate family member(s), own a substantial stake (i think the figure was 5% or more).

2. being unemployed or underemployed during the pendency of your AOS does not make your stay unauthorized (as long as it was under EAD). he can work for his wife or deliver pizzas for domino's without any problems. the problem that remains is he still needs to have an offer of permanent employment under the terms of such employment set forth in his approved LC by either his original sponsor, or an new sponsor under AC-21. that is the "make or break" of the case.
 
thanks

porkchop,andy2000 thanks for your inputs.
am actively looking for a new position.In the meantime will probably send any documentation from my original employer if I get a RFE.Hopefully won`t get request for pay stubs.
 
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