I read the link which was the correct link that you intended me read.
READ THIS link about the PACCHA's case and decide who is correct
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http://boards.immigrationportal.com...hlight=RFE and Paystubs and I140&pagenumber=2
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I'am pasting for easy reading/reference
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HONESTY Pays
Dear American,
Sorry that I did not answer your question immediately.
FIRST RFE:
1. W-2 and Return with all clauses
2. Last 6 months pay-stubs
3. Employment letter
4. Medical X-ray (Though I don't need to do it as per INS stipulations)
5. Copy of latest H1B
6. Copy of passport
SECOND RFE:
INS returned me my medical docs in a sealed envelope, by mistake. And, they sent RFE asking me to do medical again. This time we just returned the envelope untouched.
LAY-OFF:
1. I was laid off 1 1/2 months before approving my I-140. But, my lawyer told me not to take another job for a while.
2. And, once the I-140 was approved, we took about 1 month to apply for I-485. And, by that time, we didn't have recent pay-stubs, but just applied without any manipulation.
3. Again, my lawyer told me, if possible do not get into the payroll of any other co. for the next 180 Days, and do not change the address.
4. Further, I didn't have current employment letter for RFE since I didn't have job at that time. Again, lawyer and me decided to send it straight without any manipulation, but with a well drafted letter from the previous employer.
5. Again, at the time of replying for RFE, I did'nt have previous 6 months' paystubs, but just 2, and that also almost half of the salary for which my Labor was certified. Once again, we decided to be frank and honest to INS.
6. Even my w-2 for the previous year was for just about 65% of the amount for which labor was approved for.
I think INS really appreciated the honesty and transparency.
I hope I explained everything. If any other doubt, please feel free to ask 'n' number of times.
With warm regards,
__________________
RD : 09/11
ND : 11/09
1-RFE Issued: 10/21
1-RFE Updated: 12/09
2-RFE Issued: 01/02
2-RFE Updated: 01/15
AD: 04/16/03
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You said that --------
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As the GC process is for a future position, requiring a paycheck prior to approval would be ridiculous. ---------------
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THIS WAS WHAT YOU said in one of your previous replies.
Now you are inferring some thing which would be beneficial to lawyers financially(squeeze some more thousands of dollars scaring those guys, by saying YOUR CASE IS DIFFERENT NOW) ,with what some laid off guys are facing after the APPROVALS of I-140 stage.
BCIS IS WEIRD so act with CAUTION that would be my ADVICE.Submit the documents only when asked for /demanded for. NEVER NEVER try to submit your documents if NOT asked for . You will face delays/problems.THAT IS MY ADVICE.
NOW NOWHERE are the guys saying that BCIS is FORCING them to work for the SPONSORING EMPLOYER. THEY are ONLY being asked to show paystubs possibly to show that they are IN STATUS(h1) living IN USA and THAT TOO after these sponsored employees reported their job changes to the BCIS . And also no I-140's have been shown to have been REVOKED as CLAIMED by you in that LINK.I want to POINT out THAT it is not being mentioned ANYWHERE about REVOKING the gcs/I-140s if
1) Letter from employer who filed your 140
2) Pay stubs
3) Income Tax past 2 years "
are not provided in certain amount of time.
I'd have admitted my that my argument is wrong IF THE BCIS ASKED FOR
1) Letter from employer who filed your 140
2) Pay stubs
3) Income Tax past 2 years "
at ANYTIME or THE TIME of APPLYING for I-140 or I-485 for EVERYBODDY OR during the WHOLE labor certification process(every so 1 month or 2 ).BCIS SHOULD ask for
1) Letter from employer who filed your 140
2) Pay stubs
at all the time from ALL NO MATTER WHAT!laid off OR NOT.
Then it MAKES sense that quitting the job PROVOKES /RESULTS the gc REVOCATION as soon as labor/gc/I-140 is approved.
I for one would NEVER mention to BCIS about my job changes in case of termination/lay offs/or Whatever as this would delay the process.
As they are NOT doing so It prooves that it is an employers discretion in this whole process. If the laying off employer DOES the necessary paper work at the stage of I-140 there would be any problem at all.if the sponsoring employer is okay with the employees I-140 approval or the gc approval WITH/WITHOUT working for him as soon as they are approved THEN THERE would be no problem with any scenario layoffs/quits at any point of the whole process.
You still missed my point . NOONE NOONE can force a sponsored guy to work for the sponsored company EXCEPT THAT sponsored company.EVEN that I doubt .As soon as the gc is approved i SINCERELY DDOUBT there is anyone in this whole world that can do with ANYMORE.A sponsored guy if in USA HAS to maintain proper status.If laid off by a company AFTER I-140 approval the GC CANNOT BE REVOKED as in these tough economic times it is HARD to find work.
Also all these guys are themselves to blame as they are reporting their cases as soon as they are out of work. So BCIS as weird as they are are probably sending a standard letters asking for their status, NOT REVOKING the GCs/LABOR. THAT REVOCATIONs can only be done by the SPONSORED employer.
Also if you read this requirement
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1) Letter from employer who filed your 140
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It means that the sponsored employer is OKAY with the layoff/firing/whatever the reason for which the SPONSORED employee quit.BCIS making SURE that the SPONSORED employer knows all this developments.
Also all these guys are renewing theif EADS eith no problem even after receiving these these rfes
1) Letter from employer who filed your 140
2) Pay stubs
3) Income Tax past 2 years "
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These EADS are for possibly for this type of situation of layoffs if the sponsoring employee is ALREADY in USA. Remember THE sponsored employee can be outside USA DURING the whole process of labor/gc.
SUCH is the SIMPLICITY of this labor/gc process which is heavily tilted/fovored TOWARDS the SPONSORING employer, and SPONSORED employee just RECEIVING the benefit of the GC.