No pay stub for last six months

T

tmlover

Registered Users (C)
Please Help::No pay stub for the last 6 months

Hi,

I have applied for 485 and my PD is 11/2004.

For the last six months I do not have a pay stub but I have found a permanent job recently.
My questions are-

Do I apply for AC21 or use my EAD?
Will I have problems in my application as I do not have any pay stubs for 6 months.

I would appreciate any advice, help, suggestions.
Thanks!
 
Last edited by a moderator:
It is not a matter of using AC21 or EAD. They aren't related like that. You can do both, or just one of them. AC21 is the provision for changing to a "same or similar" job without having to restart the green card process. That can be done with an EAD or H1B (or any other visa that allows you to work while you have a pending I-485).

So what do you really mean by "Do I apply for AC21 or use my EAD?"
 
First of all thanks for replying.

Well my first worry is since my PD is current now and my receipt date for 485 is Aug 2007 what If they pull out my file and request for current paystubs etc (I am not sure what the process is...) anyways...I don`t have any.

Secondly when I take up this permanent job offer...I will have to use my EAD (the new emplyer will not transfer H1b) ...so do I file AC21..

I just want to make sure I am following all the rules so I don`t get screwed at the end.

Please advise.

thanks!
 
tmlover said:
First of all thanks for replying.

Well my first worry is since my PD is current now and my receipt date for 485 is Aug 2007 what If they pull out my file and request for current paystubs etc (I am not sure what the process is...) anyways...I don`t have any.
Click to expand...
It is sufficient to show that you have a permanent job offer. But USCIS is very unlikely to ask about your employment unless the employer asks them to revoke the I-140, or you are called in for an interview.
Secondly when I take up this permanent job offer...I will have to use my EAD (the new emplyer will not transfer H1b) ...so do I file AC21..
Click to expand...
Go ahead and use the EAD, but it is not required to "file AC21" unless USCIS asks for it. You can go ahead and change jobs, then provide the necessary proof if and when USCIS demands it. And as above, they are unlikely to ask for such proof unless the employer requests to revoke the I-140.
 
I dont think you have much choice here.waiting on 485 without paystubs can be more risky. quickly change the job and wait for your turn
 
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