Changing job but worried of RFE

A

Ak2003

Registered Users (C)
I have a pending I485 petition in the VSC with ND 5/2/2002
I have also applied for my third EAD extension (ND 2/5/2004).

I am planning to quit my company (that applied for my GC) and join another company in the same state with similar job profile and 40% more salary than LC.

However i am a little sceptical to do this, because

1. If i get an RFE for job and paystubs i might not be able to send them 3 latest paystubs because i would have just started in this new company.

2. Also does the size of the company matter?. I am an independent contractor working for a company with just 2 employees and the company i will be joining is also small with 3 employees including me.

3. The company that sponsored my GC is going to get closed. I have read that if the original sponsor of GC revokes I140 before 180 days of I485 filing the GC might be denied. In this case will the closing of the GC sponsor company affect my GC processing.

Please advise Gurus, i need immediate help;
 
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Hi AK2003,
I am in a similar situation. Dont worry. You should be fine. I would say keep all these docs ready incase you get a RFE.

- Employment letter from the new employer stating the same job title, same job desc. higher salary is OK. U can get a sample letter in the forum.
- 2 payslips from the new employer
- W2 from the last 2-3 years
- Labor approval notice
- 140 approval notice
- 485 receipt

If you are worried about 2 payslips. it does not matter because you have almost a month to answer the RFE and by then you can get 2 paystubs assuming you get the RFE in the near future.

About the company size, I dont think you should worry about that. If they can pay you, it should be fine.

About the old company closing down, Dont worry about that. You have already completed more than 180 days on 485 so you need not worry.

Best of Luck. I think ginnu can give some valuable advice here.

Dont worry. You are almost there.
 
kanjani,

Thanks for the kind reply.

Ginnu your advice will be greatly appreciated.
 
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I have a pending I485 petition in the VSC with ND 5/2/2002
I have also applied for my third EAD extension (ND 2/5/2004).

I am planning to quit my company (that applied for my GC) and join another company in the same state with similar job profile and 40% more salary than LC.
eventhough ac-21 does not address anything related to salary differences, 40% salary increase seems to be too suspectable. uscis may consider it as change in job profile like more senior level etc

However i am a little sceptical to do this, because

1. If i get an RFE for job and paystubs i might not be able to send them 3 latest paystubs because i would have just started in this new company.
your statement not clear. do you mean to say that you are not paid for the past 3 months from the current company or you will be getting paid from the new company after 3 months of service. if the first is true then you may have problem. if the second is true then questionable. why should your new company start paying after 3 months.
2. Also does the size of the company matter?. size does not matter but the new company should have sufficient funds and be able to prove the ability to payI am an independent contractor working for a company with just 2 employees working as independent contractor is not allowed in h1. it is legally possible using ead but will trigger red flag for green cardand the company i will be joining is also small with 3 employees including me. better look for more stabilized company than joining startup companies

3. The company that sponsored my GC is going to get closed. I have read that if the original sponsor of GC revokes I140 before 180 days of I485 filing the GC might be denied. generally yes. as you have already crossed 180 period you dont have to worry.In this case will the closing of the GC sponsor company affect my GC processing. not after 180 days from the filing of i485

Please advise Gurus, i need immediate help;
 
Thanks for the reply.

your statement not clear. do you mean to say that you are not paid for the past 3 months from the current company or you will be getting paid from the new company after 3 months of service. if the first is true then you may have problem. if the second is true then questionable. why should your new company start paying after 3 months.
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I never had a break in pay in this company i am working at, What i meant is that i if i join the new company now and say i get an RFE in 1 month, i will not be able to provide 2 to 3 months of pay stubs from this new company as i would not have worked that long here.

I know RFE will have at least 1 month to get back but what if that is not enough?

How does UCIS know the company has sufficient funds and be able to prove the ability to pay? Do they check tax return of the company?
 
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I never had a break in pay in this company i am working at, What i meant is that i if i join the new company now and say i get an RFE in 1 month, i will not be able to provide 2 to 3 months of pay stubs from this new company as i would not have worked that long here. it does not matter from whom you got the paystub. uscis just wants to check whether you maintain your h1 status properly. as long as you dont have any gap and you have most current paystub then you should be fine.

I know RFE will have at least 1 month to get back but what if that is not enough? most of the rfe can be respondend in less than a month. you may need additional time if you need any supporting letter or document from overseas. all depends on the rfe.

How does UCIS know the company has sufficient funds and be able to prove the ability to pay? Do they check tax return of the company?
yes they do check tax return and other company financial details. if the company is well known organization they wont be doing this checks. but as there were growing number of consulting firms (especially from recent gc holders or ead holders) everyday USCIS wants to know the credibility of the company. most of the statup companies cannot prove the ability to pay. many consular offices or service centers have started requesting company photographs also. it may look weird but logical. if the company cannot or not willing to pay for office rental space then they surely cannot claim that they can pay you the said annual salary. whether for h1 or green card, everyone should think twice before joining a company which dont operate its business from commercial office space. from your earlier posting anyone can smell that your future company is operating from home. there were several cases who join startup companies looking flexibility etc but later end in problems mainly from employers itself and not from uscis. there were also cases who join a friends company but fail to distiguish that business and friendship is different. analyze all pros and cons and then proceed. my suggestion would be not to join any startup company or a company who operate their business from their home to avoid later surprises and troubles
 
Ability to Pay of the company matters. BCIS looks at size, years of existense, no of employees, tax returns etc etc. Small new companies may not have enough to prove Ability To Pay.
Good Luck
 
Thanks for the responses.

it does not matter from whom you got the paystub. uscis just wants to check whether you maintain your h1 status properly. as long as you dont have any gap and you have most current paystub then you should be fine.
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So you mean if i switch to a new company and get RFE the same month i could show Paystub from the old company along with the first paystub from the new company?.

Also does it make a differnce if a company say having 25 employees was audited by the IRS?. I am considering joining a company with 25 employees, 15 years in business but they were audited by IRS last year.

Please advise
 
So you mean if i switch to a new company and get RFE the same month i could show Paystub from the old company along with the first paystub from the new company?. yes. also you should have h1 approved with the new employer or h1 transfer must have been filed prior to joining the new company.

Also does it make a differnce if a company say having 25 employees was audited by the IRS?. I am considering joining a company with 25 employees, 15 years in business but they were audited by IRS last year.
you dont have to worry if its audited by IRS but you should worry and stay away if its investigated by DOL. IRS audit is purely company finacial related and its taxes. DOL investigation is based on the complaints from current or old employees. if the dol finds any employer as violated any labor or h1 laws it will debarre the company for any future immigrant and non-immigrant benefits (labor approvals only). futher dol will notify such violation to uscis which hold or scrutinize more on pending or future i140 or i485 cases from that company. you can check about a company from DOL website or you can call them and make an enquiry if there were any violation or complaints about propective employer to avoid later troubles.
 
Thanks again.

I will be using EAD to join this new company. My 485 ND is 5/2/2002 and i have a Parolee status now since i used my AP at POE.

How do i find out from the DOL website if a company is debarred.
Also this new company i am considering to join is in a different state does that make a difference?
 
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