No Paystubs. What are the possible excuses for leave without pay for 5 months?

N

NoPaystubs

Registered Users (C)
After filing my 485, I do not have paystubs for 5 months. In the mean while I finished with FingerPrinting and the AVM confirmed that FP results reviewd and further process resumed. Luckely I got a 3 months project now.

Can we stay in US for 5 months, on leave without pay, when we are on H-1? (Out of this 5 months, I have EAD for 3 months) If anybody say "Yes", can you please explain what are the possible excuses for taking a leave of that long period?
Thanks,
NoPaystubs
 
What is the reason?

You are asking us to speculate on half-baked information. In dealing with the INS over the last 4 years I have learned one thing NEVER LIE to the INS - it will just bite you in the ass later on.
Just tell them what happened - and consult an experienced lawyer before you do so you are prepared for any and all consequences.
 
Thank you

real reason is after finishing of my previous project(June,2001), I have only two options given by my employer - take leave without pay or resign. I took leave without pay. So my question is, if INS asks for paystubs for these period, can I say that I did not work for this period??? Is it OK to stay without working, when I am on H-1 visa? I filed my 485 in June, 2001 and I finshed my FP also. AVM said that my FP review was received and case processing was resumed.

Can you advise me please. If I say that I didn\'t work for 6 months, is it OK?????

Thanks,NoPaystubs
 
No Title

I think you should be okay since you filed your GC before 245i deadline expiry which was end of April 2001. But I don\'t know how they handle situations when a person goes out of status after filing 485.
 
leave without pay!

The employer did not fire you, did not lay you off, so technically your status is still H1 (and now you started another project). I would recommend to talk to your attorney about this. He/she can provide you better and thorough insight on this. And you will and your attorney will be ready if INS send you a RFE regarding your I-485 asking for your pay stubs.
 
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