Gurus.. Rupinder,Rajighatak etc.. Pl. Help

[GC_JULY_2001]

Hi,
One of my friend received a RFE for his I-485(one of the really unfortunate guys left behind..)

RD --07/23/2001
ND -- 09/05/2001.

RFE date -- 09/20/2002( more than 14 months after filing I-485).

RFE is for the following --


1. Employer letter from prospective employer.
2. Copies of all pages of passport.
3. Last six months paystubs

He was laid off in March-2002. But old employer is still willing to give him intention to rehire letter.

So item #1 and # 2 no problem.


He now has a job with another company(did not inform INS so far about job change because Old employer still willing to Rehire him.). He has paystubs for the past six months.

Can he submit the paystubs from the new company to answer question # 3.

Please help.. rupinder singh, rajivghatak, july16, etc...

Thank You all.


But

 

[july16]

GC_JULY_2001

Presuming your friend was laid off after 180 days, and also presuming he has 6 months pay stubs from the new company. also presuming that he is working with the new Company with a valid EAD.

I think he should also get the letter of employment from the new company.

he should be Ok with the AC 21 180 days portablity law, provided his title, duties and wages are similar.

I am not 100% sure about the AC 21 rule, maybe someone else can elaborate on that issue.

 

[GC_JULY_2001]

Why does INS ask for paystubs

Hi All,
Why does INS ask for paystubs after the I-485 application is filed and pending for adjudication?

Because during the I-485 pending status, there is no concept of "Out of Status". Eventhough a person does not have a job, I-94 has expired etc..

By asking for paystubs, is the INS

1. Checking if one is employed or

2. checking if you are still in status.

Could any one clarify