Need help badly

A

ani

Registered Users (C)
HI buddies,
I need some help from you guys.
My situation is like this.
I filed my I -485 in june 02& now i am on my second EAD.
I am on bench from march 03 & my employer has promised to support my 485.But i am not getting pay check from the employer.
MY Question is that Can I take some odd jobs?
Is it a problem since i dont get any pay check from the employer?
Does anybody knows that INS check the IRS documents&history
before they finnaly take a decision?
I am not in a position to ask this to my attorney,That is why i am asking to the well experienced buddies in this disscussion form.
please help me,
Thanx a lot
 
Ani,
The job description and the salary offer that your employer signed when you filed 485 is forward looking meaning that you will be working for them based on that signed contract after you get your green card.

Thus, if you receive an employment RFE you just need to get your employer to sign the same letter again with , off course, a different letter date. My lawyer said that none of his clients was ever requested to include paystubs and my friend who got the RFE also said the same thing.

Contrary to this, some of the users in RUPNET said they had to attach last 6 months paystubs to their RFE response.
:confused:
 
Oops..sorry forgot to answer the other questions

In addition to the paystubs, some of the Rupnet users even included the last 3 years of income tax filings. :confused:

As far as taking an "odd" job....hmmmh .... your EAD can only be used on a similar job eventhough the card does not say anything about it. I know it's a loophole on the EAD ;) Well, I leave the decision up to you but don't tell a soul !
;)
 
Per my knowledge (not a legal advise).

I don't think there should be any problem in taking an odd job. But, you have to make sure of one aspect that is the LC for your I485 says that you work for 40 Hrs per week with your current employer. That means you should be able to take an odd job which is less than 40 Hrs week. Having multiple jobs using EAD should not be a problem, except your primary employer remains the one who sponsored your GC.

Secondly, in 90% of the cases I haven't heard anybody being demanded for paystubs during final stages of approval process. Nevertheless, talk to your employer if he could issue you back dated paystubs when its time for you to go for interview. Also, to be on the safest side, ask your employer to continue issuing you paystubs and you pay him the money he deposits in your bank, using your personal checks. This will cover you for the requirement of paystubs (if needed).
 
Oops! I totally forgot about the point that sinting raised, .... if you're getting paystubs from your employer but no money it would mean that you'll end up paying taxes from your pocket for the money that you never earned.

To take care of this consider building paystubs as being on unpaid leave or deployment wait. I'm not sure how will you explain this to the officer (if asked), that you were on leave from one employer but working for another. I guess the "Deployment Wait" is a better suited answer.

I myself have a ton of questions while I'm writing this I don't know how will you take care of this situation.

May be some kind of contract with your employer that would indicate that Deployement wait is considered as paid leave could help.

I think your best bet is to discuss with some immigration lawyer independent of your company's lawyer, about the deployment wait option. Because under no circumstance you'd want to get into a situation where you're blamed for defying provisions of your LC.

Hope this helps.
 
There is a way around that.
While you're not billable (when the paystubs are right out of your pocket) , have your company change the tax withholding to zero dollar, but as soon as you're billable (when you're getting paid) change the withholding back to the way it was.

You're right Thukralk, the EAD can be used to take an 'odd' job for as long as you're still employed by GC sponsoring company. But if you change the sponsoring company (under AC-21 rule) then the job descr must be similar.
 
I think you should consider your case carefully. When I received my RFE, BCIS asked for employment history since my last lawful entry with the employer who filed for labor and any other employer. They specifically asked for pay stubs, W2’s, tax returns etc. I had to provide five most recent pay stubs, copy of all the W2’s I had and a letter specifically mentioning my employment history. Luckily if you don’t get such RFE, you should be fine. Otherwise, in your situation there might be some serious problems as your employer cannot produce fake documents and provide bogus letters. In any case, best wishes for you.
 
Guys

This is a public website and anyone can read what you trying to do "Breaking the law". This is a very serious matter than you getting GC. My friend if your 180 time period has been passed you better find another job before you get into bigger mess.

thukralrk

Advised you to ask your employee to produce fake pay-stubs. This is the worst crime if your employee willing to help you this way. You better ask your lawyer and never discuss this kind of issue in this website. This site, as I mentioned it earlier IS A PUBLIC SITE and any one including INS (BCIS) can read and learn what you are trying to accomplish. This also forces BCIS to produce more REFS than approval because they don't trust everyone including those who abide the law and try to get GC in professional manor with legal documents.

Regards
 
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