Employer Letter in place of pay stubs?

RajPatel

New Member
Hello everyone,

I have been waiting in 485 stage for too long. Right now I have been taking leave without pay for the last two months and not working for any other on EAD. what happens if I get RFE for pay stubs. I am still with the same employer in the same position. Can I substitute the letter from employer indicating that I am being employed and continued to be employed in the same position etc. in place of pay stubs.

Oh man. not just this. The whole process looks like a mess.

Bhanu, Kiran, Hanuman, myladoor etc. Any ideas please?

Thanks for any info.
venkat
 
No Title

Venkat,

From your mail it looks like you did not get your RFE yet. So why
are you worrying for something that did not happen yet?

I have nothing more than this to say except take life as it comes and worry about things which are in your control.

Hope this helps.
 
No Title

Even if you are on paid/unpaid vacation (or timeoff), you should get paychecks with $0 on it. Thats what I got once. Just present that to INS in case they ask and also present couple of previous ones and write a simple letter along with it that explains why you were on unpaid timeoff. You can also get an employer\'s letter that says you are still employed.
 
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Kiran ,

Can u tell me, is it possible for employer to give the paycheck with zero amounts. Will the INS agree this.

If the employer issues the paycheck with zero amount, will he needs to pay taxes etc.,
Please do explain if u know some thing about this.

Thanks
 
No Title

Ofcourse employer can issue paycheck with zero dollars. For example, assume an employee is in need of money and asks for an advance (like a loan you pay off later but without interest). So, employer pays the amount. If employee chooses to pay off the money in one shot (as I did once), he can tell them employer to start cutting maximum possible from the salary. Now, if the amount employee has taken is more than or equal to his current months salary, he gets $0 paycheck. Remaining amount can be deducted in later months. But most of the times, employer and employee have an understanding of how much to deduct each month. But if the employee has not taken any loan and uses only paid vacation and works rest of the time, then employer can not give a $0 paycheck. He has to pay for whatever work the employee did. I had to go to India 2 times in a year, and I took lot of time-off from work due to marriage and another time for dad\'s death same year. Also I had to take some advance from the employer. I got zero pay check once or twice. Rest was paid as promised. Employer must pay the salary promised if the employee has worked according to their agreement. If not, employer has all rights to pay less based on your time-off.

And to decide whether one should file taxes or not, you have to consult IRS documentation. I think everybody who has any kind of income (may be there is a minimum, I am not sure) has to file taxes. If you got $0 for couple of months and some amount in others, then ofcourse you have to report your annual income.
 
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One of my friend she works hourly, recently she went to India and he did pay for that month, cause she is hourly, So according to your saying, she can always demand the employer to give zero amount pay check as long as she is working with same employer. So that she can always provide the proof of this zero amount paycheck if INS ask for it .

Anyway thanks for your quick reply.
 
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