Can i do CP without latest paystub\'s(temp. in india and paid only in RS)

I

imustdoit

Registered Users (C)
Guru\'s,
My company is sending me to india
for a year until 2002 dec. I already have approved I-140 with AOS, can i do I-824 and change it to CP and do my CP this year sitting in India.Most important i will not have recent pay stub(U.S) since i am given only indian salary. Thanks in advance.
 
Was your US salary adjusted to Indian Rs?

Because your LC was approved for $X salary. You might run into issues where your current salary might not be above the LC approved salary.
Also by getting paid in Indian Rs you might not be considered a US employee..

CONSULT AN ATTORNEY.. your case might need more review with the Attorney
 
No only indian salary

Thanks for the reply,but the meaning of CP is sitting in foreign country and applying for GC right,then why they are particular about US salary. Can you please explain.
 
Salary issue

Dept of Labor does not want US companies to take an unfair advantage out of Foreiign workers... by giving them lower salaries than what an American worker would take. It hurts the US workers and also US Competition.

So in order for US Companies to get foreign Skilled people they have to pay the foreign employee Prevelant US wage OR Higher.
 
can i do apply for cp starting of next year

is it possible to do cp next year after i return.Suppose at mid of next year i am appearing for CP whether they will ask be previous three years tax return because i will not be having for 2002. Kindly explain me. If this scenario is a problem whether applying 485 at the start of next year is ok.
 
Consult with an attorney

I dont think I am qualified to guide you in your case. You should consult an immigration attorney.
Best Wishes
 
Imustdoit

IMHO, you\'re not in that bad a situation. The latest paystub makes sense only if you are working in US for the same company.

GC is for future employment. As long as your company is willing to give you a proper employment letter (salary mentioned on this should be equal to or above the prevalent labor limits), and give further documentation if the consulate requires, u should be safe on that front.

The second issue would be regarding supporting dependents. Are you applying alone or do you have a family ? If having more dependents, not having a current US salary or adequate funds could lead to questions regarding your ability to support. Again, if your company will give you a good salary, this shouldn\'t be an issue.

Bottomline, I would suggest, if the company sponsoring you is sincere and in good standing (i.e., is well established in US, etc.), go ahead for your CP. Take your employment letter, whatever paystubs you have (including Indian ones), letter from company saying u are working in India for them and they will give you xyz salary when you move to US, any documentation of assets (including bank statements from US if any). Worst case, they will ask you for further documentation. Technically, the consulate cannot deny an employment based visa unless they prove that you had produced false documentation, or detect some kind of fraud (like a non exitent/incompetent sponsor)
 
Should not be a problem

If you are getting GC thru CP you do NOT need to be currently employed by your sponsor. So, you do not have to be earning in $. It does not matter if your latest pay stub is in Rs or $. The consulate only wants to make sure that in the Offer of Employment letter from your sponsor company, the salary mentioned is equal or higher than the LC approved amount
 
I am on Unpaid Bench..

Rajesh /Gurus,

  I am on the unpaid bench Since October. Since the last pay-stub I have will be dated October 2001, do you think the consulate can deny? The company is willing stand by me, and has a good reputation, moreover, follows the law to the letter and spirit.

Your opinions will be of great help, and relieve me of the tension.
Thanking you in advance,
RS
 
san rob, are you in India or US ?

If in India, it shouldn\'t be a problem.

If in US, you are supposed to be paid if you\'re on H1. INS has clarified that the concept of "bench" is not valid for H1s, so looks like if this is the case then your company isn\'t following the law. This could lead to some questions if detected. However, there have been cases where the consulate(s) have not really insisted on the latest paystub.
 
I am in US

Thanks Rajesh,
   Do you suppose, this (non-payment while on H1 in US) will reflect on my GC? Is it possible to take action on this much later on?
I intend to return to India within a short time; Was waiting for placements, which, unfortunately, did not happen.
I have a pay-stub from September 2001 end October begining; After that they have paid only for my Medical Insurance and other expenses like books /software purchases.
Your advise will be very helpful.
Thanks once again,
RS
 
San, just an opinion

The consulate usually doesn\'t insist on latest paystubs if you can provide secondary evidence like W2, tax transcripts, etc. I\'ve heard some of them (Delhi ??) dont even ask for it. Especially if you are going to India, just go ahead and take whatever you have. Usually they will not even look at the dates, etc. Again, since GC is for future employment, your current job/earnings is only of secondary importance. About your H1 visa, as such will not normally reflect on CP unless it is very apparent (like an expired visa), but yes, if they dig it up, then it could lead to some uncomfortable questions/clarifications.

All the best
 
Change of employer in CP

Hi,

I have applied for CP in Feb and waiting for an interview notice from the Mumbai Consulate, India. Unfortunately, just in the last week, my company asked me to go on "leave of absence" as they ran into some financial problems. But as a good-will they are ready to co-operate me with my green card processing...they will be giving me the required employment letter etc at the time of the interview.

But the complications start now..just today I attended one interview with another company and they are ready to hire me! Now in this scenario, how should I go ahead? Should I ask the new employer to transfer my existing H1 to their name? I guess that will be a problem as the Consulate guys need latest pay-stubs etc from the company for which I applied the GC. I can not have them as I will be working for some other company. Moreover, I should work for the company who has applied for my GC once I return to the US.

Is there any other way to get rid of this complication? I want to have both - Green Card as well as new employment. If I decline the new offer, I dont know how easy/difficult it may be to find a new job again.

So any help regarding this will be appreciated.

Regards,
Bhaskar...
 
Concentrate on GC

If I was in ur position,I would have concentrated on GC and done everything to get GC..Once u get GC, your avenues are surely going to widen..

All the best,
Shankar
 
Hi

It does not matter if you are in India and do not have your paystubs in dollars. All that matters is an employment letter that shows your sponsorer is willing to pay you the wages written in the labour certificate. If theyask you to show the current paystub then you could show any official correspondence from your company that they asked you to go to India for awhile. Pretty clear cut. I do not see nay complication. GC is meant for the Job you will hold in the future.
Good luck
 
Bhaskar... some thoughts

If your current company is co-operative, then IMHO, stay with them till you get your GC (even if it is on leave of absence). Once done, I guess since the already don;t want you to work, they could relieve you. Then you can join the new company (provided they are willing to wait). The important thing is that you have the intent to work for the company and the company has the intent to offer you employment. If, after that (you come back and join), you are relived due to any reason, you can work for anybody else. Could it lead to questions later ? probably yes, but as long as it the company that is sending you off you have nothing to worry.
 
Alternatines

Hi Rajesh,

Thanks a lot for your reply.

Actually I thought in the same way. But the new company wants me to join asap! That is the real catch. My old(i.e. existing) company does not have any problems in relieving me. In fact they know very well that I am not going to work for them after getting the GC. The only question is waiting time for the new company. More time it takes to schedule my interview at the consulate, more time I will have to ask them to wait. Probably if they realise that I am not available immediately, they might not be interested in me at that time!

Is there any way to work as an independant contractor or like that? Or if it is going to take longer for my GC interview, I was just wondering to transfer my existing H1 visa to the new employer\'s name. I feel that any way the GC is meant for the future employment and as long as myself and the existing compnay agree on certain terms, it should not affect much.

ANyway thanks a lot..

Regards,
Bhaskar...
 
HIGH WAGES

Wage Increased Substantially
My current salary is at least 25% higher than that is shown inLC and in the petition for I-140 (EB2/TSC) .

I am awaiting my I-140 Approval and planning to do CP in Montreal.

Does any of you guys know, if it could be a problem during CP / Packet 3 ?.

Would it be required to show/submit the Pay-stubbs anytime during the process ?.

I know my employer has shown the prevailing wages for both LC and I-140 petitions. LC got through succesfully (with one RFE requesting to show a little bit of more wages and re-posting because the prevailing wages had increased between the time of submission and approval.).

Does any one of you know if there is a problem for EB2 I-140, just because the petition shows only the prevailing wages.


Your openions are very much counted on guys !, as we all are/were in the same boat.
 
HIGH WAGES

HIGH WAGES
Wage Increased Substantially
My current salary is at least 25% higher than that is shown inLC and in the petition for I-140 (EB2/TSC) .

I am awaiting my I-140 Approval and planning to do CP in Montreal.

Does any of you guys know, if it could be a problem during CP / Packet 3 ?.

Would it be required to show/submit the Pay-stubbs anytime during the process ?.

I know my employer has shown the prevailing wages for both LC and I-140 petitions. LC got through succesfully (with one RFE requesting to show a little bit of more wages and re-posting because the prevailing wages had increased between the time of submission and approval.).

Does any one of you know if there is a problem for EB2 I-140, just because the petition shows only the prevailing wages.


Your openions are very much counted on guys !, as we all are/were in the same boat.


__________________
Imihelp
 
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