Anyone got RFE for paystubs while on unpaid leave????

vsc01

Registered Users (C)
I just now got an RFE for paystubs for the last 6 months (phew!). The problem is that I do not have paystubs for the last 3 months. How do I respond to this RFE?? Any ideas ???

Anyone in the same situation or faced such situation earlier? Please advise.
 
6 months Paystubs???????????

Please post your RD/ND.
Did you change job after 180 days?
First time I heard of 6 months paystubs for an RFE.
 
Actually it is going to be a trend now, my friend too got RFE for last 6 months paystub

Actually it is going to be a trend now, my friend too got RFE for last 6 months paystub. His company had lay offs and it seems some one in INS might have heard of that and wanted to make sure that he is not one amongst them.
 
My Attorney says in situations like this the attorney has to give ...

My Attorney says in situations like this the attorney has to give a letter stating that the employee has been on work On and Off and that he is most definitely needed in future. I might be in this situation because They will be filing my 485 papers and I am getting laid off at the same time. Is the attorney right ?
 
Can U explain more..

Hi Vsc01,

Can U explain in detail about ur situation, like when U filed your 485, did U change your job after 180days, if so when U did it, and is your application at approval stage at which U got this approval ?

If U can give us the exact dates and full picture, it will be of very much use for lot of us..

Thanx
BP
 
Leave on medical grounds!!!

I understood that you have paystubs for 3 months and you can say you are on Leave without pay. If you have any medical checkups in that period, you will be OK. Other wise also, can\'t we take a leave without pay, due to some personal reasons? If your employer supports you, I think, it will be alright.
NoPaystubs
 
I guess if it is a genuine leave of absence, it should be acceptable.

but how to distinguish between genuine and convenient leave of absence? For a girl, it could be a maternity leave, which is a true
leave of absence. For others, it will be upto the officer deciding
the case to see whether the absence is genuine or not. In this economy, the officer will always be skeptical.

My two cents worth.
 
No Title

ND is 3/29/01. I didn\'t change companies after 180 days. I did send my paystubs and W2 alongwith my 485 application. I am not able to understand why I got an RFE for 6 months. Sounds very strange.

I am trying to analyze why I got this RFE. Maybe because I took a 5 week vacation to travel outside the country after filing 485? Maybe because I applied for EAD and AP? Or just simply my luck sucks.

One more question: Do these immigration people have any way of knowing on a monthly basis whether we are getting paid and if taxes are being withold (like from IRS?)
 
To vsc01

Being on-bench without pay might mean being out of status for an H-1B employee, if you\'re on H1. And that\'s what the IIO might be looking at. It might be difficult to convince the IIO handling your case to justify the 3 month leave without pay. Again, it depends on the IIO handling it. I would suggest to get the help of a good lawyer. And I hope that you will post your experience and lawyer\'s suggestions because this might also happen to some of us.

Shit happens. They shouldn\'t ask for paystubs in the first place knowing that a GC petition is for a future job offer.

My 2 cents.
 
No Title

VSC01,
Did you submit your tax returns(1040 etc..) copies along with your I-485 application(along with W2s)

As I posted earlier this "pay stubs RFE" may be directly connected to Tax Returns copies.
 
Truly, it\'s becoming a trend now

Two of my friends got the RFE for 6 months pay stubs.Looks like this is the present trend for VSC. They submitted their Tax returns as well as W2\'s along with their 485 package.
 
This is scary..what will we do..

I have been on unpaid leave from Nov\'01 too..and 485 is filed July\' 01. Employer is asking to go on COBRA now..will it affect my status ??
 
I agree

Basically you are out of status the first day when you do not get paid if you are on H1 visa.
 
don\'t give wrong info please...

Once you file I-485 and INS recieves it, you are in Adjustment of status and can\'t be out of status whether you are in payroll or not. It all matters only if RFE comes.
 
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