Need some help !!!

R

Rahul_need_help

Registered Users (C)
Hi guys,

I need a little clarity on the Leave of absense issue or LOA:-

I have am getting layed off from my employer this month...but he is willing to help me in any way as long as there is no expense for him.. I guess this is the only benefit of a desi employer.... I am in the final stages of my GC and dont want to screw things at this stage. My options are either I work on EAD/H1 with another co. or I have plan to go to India for 6 mths for personal reasons......

Incase of India option...I am planning to take leave of absence (LOA) for next 6 mths by my employer. He will give me a LOA letter stating that I am reqd in India for some personal emergencies...During this time i plan to be in india with my parents for personal reasons...My Qs are:

1. Is this legal..Do INS accept LOA
2. For how long LOA is valid for or is accepted..?..any ideas. Is 6 mths OK or 2 long...
3. If there is any RFE during this stage either it will be EVL (employment verification letter) or Paystubs.. For EVL my employer will give me a letter but what about Pay stubs.. Can they send details to INS that I am on LOA
4. Are there any complications to this matter which I am not aware of...

Your advice or suggestion would be highly appreciated guys. If anyone has gone thru this in his 485 process I will be very very thankful for the inputs....

Rahul
WAC-02-077
485 RD:- Dec 2001
CSC screwed !!
 
My 2 cents

are that you would be good with ac21. I remember you saying that you had a job in chicago. well, the worst scenario would be that your case gets transferred to local off. but with a similar job, I havent seen anyone inthis forum getting denied.
But if you take LOA and definitely wont be working with the sponsoring employer again, then wont this be putting you in risk of "fradulent intent'.
I dont know the answer for 1 and 2 question. for the 3rd and 4th, i think you are taking a risk.
better to be on a job (ead/h1) than not to be one.
on this forum, you can find umpteen cases of ac21 approval but I have not seen any LOA cases.
 
Last edited by a moderator:
little more clarification

Thanks for your reply...

Let me clarify my situation a bit...Yes i have got layed off this mth but my desi employer is willing to give me a LOA which means he is willing to to give EVL as well as show the intent to hire me after the LOA.....so i will have a support of my company...

thanks
 
BCIS may request evidences for paystubs and your tax return forms. If they find out that your company is not paying you, they may have doubt in whether or not your company can pay you for the "future job" that it promises in the EVL. That might result in a denial.

So you'd better find a better job...
 
i am on LOA

Hi Waiting4GC,

I know what you are saying but as I mentioned to you....i will be on LOA and why would BCIS ask for Paystubs when I would on leave...can you clarify

Thanks

Rahul
 
I also wish that BCIS won't ask for paystubs, etc. from you. But you don't want to take chances at this stage, right?

The purpose of showing your paystubs or tax returns, etc. is to prove that your company has the ability to pay you. If your company is a big and famous one, PROBABLY BCIS won't ask, probably will, noone knows. Small companies will have greater chances to get such RFEs in my opinion.

These days, there are no reasons why BCIS is sending RFEs for whatever they'd like to see. They just simply do. So I'd suggest you prepare for the worst case. Better talk to a lawyer to seek out the safest option ...
 
Why can't you work on EAD with some other company?

If you have completed 180 days after I-140 approval and I-485 application, then you should be fine with working on EAD.
 
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