Pay-Check(Jim M or others pl. help!!!!!)

R

rajivgupta

Registered Users (C)
I have completed 8 mths from RD,and currently on bench form last 3 mths i.e leave of absence without paycheck.Will the same will effect my GC
in any way.
RD : July-01
ND : Aug-01
FP : Dec-01
AD : ??
Pl. give your inputs.
 
As AOS applicant

your status is not in jeopardy. If your employer lays you off, you can preserve your GC process under AC21. If your employer does not pay or find you a project after GC approval, your obligation to serve the sponsoring employer is nil.
If you wish to change employers, AC21 will protect your GC process.
Now what was your question? You want somebody to tell you -go and commit immigration fraud??
 
Jaxen, Please answer my questions

What he need to send if INS sends a RFE for recent 3-4 pay stubs? Is the lack of pay stubs jeopardizing his AOS application and lead to a denial?

1. What if current company still wanted to offer the job once GC approved?

2. What if another company offers a job and wanted to hire him upon getting his GC?
 
What service center?

You\'re not likely to have a problem at any service center but CSC as long as you find another similar position to sponsor your GC. CSC seems to be taking the position that you need to work for the sponsoring employer fo six months to use AC21. Someday, INS will (I hope) create implementing regulations for AC21 and all service centers will operate on the same set of rules. Whether the rules will be those used by CSC, the rules used by they other service centers, or some other rules, is anyone\'s guess. In any event, you do not have much choice in the matter at this point so adopt the aggressive view (after discussing the matter carefully with your attorney) and hope for the best.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
NSC

Jim I just want to know whether pay-stubs are required in case of RFE and whether INS ask them with your past experience.Pl. let me know
is it save to change employer at this time,or to remain with old employer and search for another project since I have already completed 8 mths now.
Pl. reply
 
180 completed what next!!!

I came here in 1992 as an international student finished my BSc degree. Then used my OPT and gained couple of years practical experience. Then I was lucky enough to earned my MBA degree in management. In 1998 I was sponsored by one of the fastest50 growing IT management consulting firm. I am working with the same employer since day first. Due to my proven hard work they applied for my 3 years extension, labor, I140 and finally I485. Lucikly and based upon my qualification all my cases were approved promptly. We all know that IT sector of the economy is the biggest hurt and it will take a while to recover. I have done my finger printing last month, my 180 days are also completed since I applied my AOS application.
I do not want to leave the company nor my employer want to loose me however at the same time we both are worried about massive layoffs within our company. What should I do? I have family to take care, wife & kid. If I was alone I would manage, what should I do.Never apply for EAD never look for another job. My case was filed at VSC.
 
if INS doesn\'t give a RFE, your case should be approved but

technically, even with the 180 days rule, u should have a job in the same/similar etc at the time they approve your case ....so if you didn\'t have any job at the approval time, and they come to know (even after a few years), they can revoke your GC ....
 
If INS issues an RFE

You will have a very difficult time convincing them that they are not entitled to them or that the paychecks (or whatever else they have asked for) are not necessary.

It can be done, but you better be sure to prove it to INS.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
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