help!! company gradually going out of business

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payStubs and/or "future job offer"

I am an early December 2001 VSC I-485 case.
My application has been pending for more
than 180 days.

Unfortunately my company is gradually going out
of business. (No paycheck for last 2 weeks and
nasty negotiations taking place with investors).

Until a few days ago I was hoping for my case to be
approved as soon as possible. But now I am hoping
for the opposite since I need as much time
as possible to secure another job.

Also unfortunately the Labor Dept. Certification
requires me to have a salary that is pretty high
considering the state of the economy.

Questions:
1. Do all I-485 cases go through interview?
2. Are their cases of people that are not
interviewed?
3. Will a letter with a "future job offer" be enough?
4. Or do I absolutely need recent pay stubs (as
well or instead of "job offer letter")

My lawyer seems to believe that pay stubs are
not likely to be requested. However my research
indicates the opposite...

Should I secure a letter from my current employer
now that he is still within reach? Would that be
of any use?

Thanks you in advance for your thoughts.

8.5 years of waiting... and now this?

 

[Rastamandrum]

First of all, my deepest sympathies. I am in a very similar situation.
I have been hear about a decade, am very close to 485 adjudication (RD:Sept'2001) and my company is heading to bankcruptcy too!!! I have been looking for various options and here is what I have found out:

1. Do all I-485 cases go through interview?

No. It is entirely up to the case officer. The problem is that you may not be called for an interview but they can send you an RFE (Request for Evidence) regarding a whole host of things.

2. Are there cases of people that are not
interviewed?

Yes, in the past most people were not interviewed and even recently I have come across posting of people who were approved without an interview. Many people seem to get at least an RFE of some kind and if the officer is satisfied with the response the case goes through wihout an interview.


3. Will a letter with a "future job offer" be enough?

Technically the whole green card is based on "future employment". In addition there is the concept of "good faith intention" to work for the sponsor. Paycheck stubs etc are supposed to strenghthen your case that the employer has the ability to pay you etc. It all again depends on the case officer.

4. Or do I absolutely need recent pay stubs (as
well or instead of "job offer letter")

No, paystubs are not a mandatory requirement.

The problem regarding all of this is that you or I may be the unlucky one who is asked to provide all kinds of things. You have to assume that they are going to ask you for letters,paystubs etc and plan to the best of your ability.
Do keep this communication going as we seem to be in a very similar boat ( hopefully one that is not sinking!!!!!)

 

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Well... today I was told (is talk cheap?) that the negotiations between the company and the
investors are taking a positive turn. And that by the end of the week we should know where
we stand. As far as salaries are concerned, that is "up in the air" still. We may have to take
even further pay cuts.

How tied are we to the labor departments view on prevailing wages considering the economy.

My salary was reduced several months ago by 15%. And I may be looking at another pay cut.

How does this affect me?

Same employer as the one that sponsored me in the first place, but significantly reduces pay.

They say that "reduced pay is better than no job". Is that true for people with a I-485 pending?

If I get an RFE or of I get to an interview is it OK to state that my salary has been reduced in order to keep me on staff? Or is my situation such where I should be urgently looking for a replacement job?

Regardless I have a "job offer letter" from my current employer. Would that be helpful? Basically it is a letter of intent. Should things with the economy be better at the time of the interview, the salary defined on this document would represen