GC/Job-Need Help

V

vidya2000

Registered Users (C)
Dear friends,
Iam really looking for some help here. So please....

My RD is 10/28/01. 2nd FP is done on 7/1/03. Same employer throughout. My project at the client place got over and now it has been 3 months Iam withoout paystub. I had got couple of opportunities in last 2-3 months but I could not take because of my personal problems(had to undergo couple of surgeries). Now iam ready to go but some more additional problems came up back in India. My employer is a desi and he is ready to give any kind of letter if RFE is generated.After talking to wife and considering current market situation we came up with 2 solutions.

1)Vacate the apt and move the things to storage(since I have given my friends address to INS) and go to India for 2-3 months.

2)Dont go to India, look for job get paystub and go to India once GC is approved.

Looks like market is dry and again nov/dec a holiday season. And again if I get a job from other employer we might get an RFE(AC21).So we thought if we go to India we can fix the family problem.(we can hold that for 4-6 months,not very serious).

Sometimes we feel we are very close to Approval and at this time paystub and job is important if we get an RFE.

Your suggestions are very important to us, we are looking for pros and cons of going and not going to India w.r.t GC processing. so please do reply.

Thanks again.
 
Last edited by a moderator:
Sorry to hear about your situation.

Since you mentioned that you underwent sugery and being an Oct RD, you can expedite your case by approaching a senator/congress person. Also since you have waited so long, I would suggest wait for some more time and get the GC.
 
If possible join other employer and use AC21.

AC21 is not a law/mandatory, so u can take a new job and use AC21 if asked. Some people who have posted here, mentioned of changing jobs and using that paystubs for RFE. That might be the best solution in the current situation. Good Luck.
 
OmGV,Frantic,
Thanks for your suggestions. I will look for a job and use AC21 if I get some job(at least 3-6 months contract). Or else wait for some more time to avoid RFE and other issues.

What problems could arise if I go to India for 2-3 months?

Thanks,
 
I don't see any reason in going to India for 2-3 months, just make sure that you have proper docs like EAD/AP (most important) and that's all, if you case is straight and you don't expect a 'rejection' then it should be fine to retuen on AP, just take letter from your current employer for the job etc.

Most important consult an attorney too, he will take some money but will give you important facts.
 
Visiting India for 2-3 months shouldn't be a problem.

If you have proper AP and if response to RFE will be taken care of. You get only 3 months for replying to RFE.
 
Iwould say try for job till Nov'15. After that holiday season begins. If for any reason, you don't get a job till then, youmay goto India for a short trip.
 
Sorry to hear that. I liked dsatish suggestion. I would say look around some more time. After Nov Market will be dry for next 3 months. If you don't get a job by November Come back by Feb time. That time you will find one thing or other.

One more thing. Take all precautionary measurement before go to India like How you going to respond if any RFE is generated etc., Is your employer ready to give any kind of pay stub if needed.

Best of luck
 
Thanks guys for your valuable inputs.

Let me explain my problem in detail so that you can understand why Iam debating between going to India or not.

1. Insurance did cover my medical expenses(for surgery's) which was very expensive and again from past 3 months Iam without Salary. My apt lease is getting over soon and it will be 1600/month if I go month to month. Even if I cut other expenses, monthy expense will come at least 2500. If I get a job in 1-2 months it is fine. If not(thinking worst case, if the market is too dry during holiday season) then I need around 12000-13000 for next 4-5 months.

2. Anyway I need to go to India for 7-8 weeks in next 6 months to take care of some family problems. Sooner the better.

So we are thinking this is a good time to visit India for 3 months(vacate apt and keep in Storage).We can take care of family problem and stay with parents and take some training. We can do lot in india with the same amount what we spend being here.

I will look for a job till end of oct 3rd week if not then only thinking of going. I have valid H1,EAD and AP.

Being said all these here are my questions:

1. Now you can suggest which is the better plan. Going to India or not?

2. Is it possible to generate a paystub for the past months. Say If Iam in India and get an RFE in DEC then can I get a paystub from the employer for the previous 3 months. Or paystubs can be generated only for the current month. Iam not sure how it works.

3. I have valid H1,EAD and AP. What worst thing can happen so that I cant reenter? If you can think of any please let me know.

4. I have not chaged my employer, it is a straight case,but what other problem could arise if Iam jobless for such a long time?

5. Is it good idea to go on H1 or use EAD/AP. My H1 is renewed but not revalidated.When I reenter it will be revalidated or I can go to US consolate in India. If I use H1 and my wife uses AP is that a problem(because her H4 is expired but she has valid EAD and AP)

Anyway I will also check with my lawyer, but he is useless. Iam getting better help by posting here.

Manumahi,Datish,OmGV,frantic,farum123 Thank you all. I will wait for your responses. Wait for others responses too.
 
Well, i agree that Desi employer helps a lot but upto certain limit. You'll see by your self once have a need to generate pay stub. You'll have to pay the money for that. Worse, if you get an RFE then desi employer will give you lots of excuse, because as usual most of the desi's just say it until the wolf comes. And when the wolf comes they run away.

Look for a job and you'll be happy, once you get it. Desi employer is not doing any favour to you, he is just giving 1/100 part of the money to insurance company for your medical insurance. And that money he got it in a month while you were on project.

Now you are in good shape to find a job, so do it.
 
Vscgreen,
any idea how much % employer asks to generate paystub?It might vary from person to person but my question is Do I have to pay more than my monthy salary which I want to show on my pay stub?And can this type of salary stub can be generated for the past months if emplyer is ready to do that?

Jylyrfe,

you said 'In my opinion, a worst RFE is asking paystubs for no jobperson'

What is that mean?

Thanks,
 
1) At this time going back to India or not is always a big question???? I would say send your wife and kids to India. Stay along with any friends (In that way you can save money).

Another benefit with this is you can take care of your GC problems personally instead of depending on some body.(If any arise)

2) Generating pay stubs is not a big deal. Company can generate any time as long as they wish to give you. I would say talk to your employer and find out how he can help you in the case of RFE. I saw companies who generated pay stubs with out paying salary. It is possible.

3)You said you have valid H1. My suggestion is to continue use H1. Here is a problem associated with it. Recently one of my friend went to India for re validation. American Embassy people asked him client company references, last few months pay stubs, Bank account statement etc., (All crazy stuff).

By seeing all this I would say use EAD/AP. Who want’s to go through all these hassles.

4) At the most they are going to ask you Employment letter, 6 months Pay stubs , W2 for 2 years.

You are a October filer and done FP on 7/1/03. Which is a very good sign. You can expect approval any time. Best of luck
 
My suggestion is same as what most others have said above :
Send your spouse to india, and join some bachelors for accommodation. That way save some money. Keep trying for job (using EAD) till Nov'15. If you don't get a job by then, then book a ticket to india towards the end of November. Go for a 2 month vacation, learn some stuff and comeback.
Coming back to your question about RFE, i think if you submit 1 paystub, that's enough. Just mention that you are on vacation on loss of pay for the prior months. I saw some postings from people who got approved that way.
Wish you best of luck in your job search. Looks like a lot of people are on job search (including me) :(
 
Agreed with the friends' suggestions here. Cutting down expenses could ease your worries. Not sure of how urgent your family problems in India, but sending your family there may be better.

For the rest of the questions, you asked, I am not too sure of the answers(some of them already answered by the friends here).

In this job market, you have to be aggressive. Just applying to a job will not help you. Use whatever contacts you have(even you don't know him/her very well, but if you know their contact info, that will be enough to cut the ice). Contacts really helped me in getting a permenant job within a week!.

Also, see www.net-temps.com site. They do post all the temporary jobs. Once you find a job description that matches your profile, you HAVE to immediately contact the person given in that job desc. And you have to persistently call them atleast once in a day until you hear one way or the other. Don't hesitate that the agents won't like it, most of them welcome that you're reminiding them. I got a contract job in Java and joined the company the day before Christmas last year!. Also, employers prefer contract jobs because of less hassle.

Best wishes.
Raj
 
I totally agree with dsatish....

Send your wife to india and stay with your friends for couple of months. You cannot trust Desi employer now a days.. I had very good relationship ship with my employer till I was on project and things started turning bad after that. They did promise to give me pay stub in case of RFE but I know the reality..

In case of RFE, If you are in US, then you can talk to your employer daily, you can meet him personally, you can talk to your lawyer.. but if you are in india... they'll avoid you, you'll have hard time...

i spoke to my lawyer and he said, Wait for 180 days and change the job the in similar category.

Hope it helps..
 
Thanks to each one of you. Your inputs really helped me. I have few more questions,which I will ask you guys soon.

Thanks again.
 
You must log in or register to reply here.
Top