payStubs and/or "future job offer" letter?

T

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Registered Users (C)
I am an early December 2001 VSC I-485 case. My application has been pending for more than 180
days.

Unfortunately my company is gradually going out
of business. (No paycheck for last 2 weeks and nasty negotiations taking place with investors).

Until a few days ago I was hoping for my case to be approved as soon as possible. But now I am hoping for the opposite since I need as much time as possible to secure another job.

Also unfortunately the Labor Dept. Certification requires me to have a salary that is pretty high considering the state of the economy.

Questions:

1. Do all I-485 cases go through interview?
2. Are their cases of people that are not interviewed?
3. Will a letter with a "future job offer" be enough?
4. Or do I absolutely need recent pay stubs (as well or instead of "job offer letter")

My lawyer seems to believe that pay stubs are not likely to be requested. However my research indicates the opposite...

Should I secure a letter from my current employer now that he is still within reach? Would that be of any use?

Thanks you in advance for your thoughts.

8.5 years of waiting... and now this?
 
Not all gets interview calls.. Sometimes sampling, sometimes just RFE clarifications,,,, Also, INS didnt metion that your pay has to be the same as you mentioned on your LC. It has to be atleast the prevailing wage,, which offcourse is much less now. The job has to be similiar. whats similiar? well atleast dont work at Mcdonalds,,, otherwise, hire a Liberal Arts major,, s/he can fix u with the words....
 
hope this helps...

Chat User : Hello, Ms. Murthy. How many hours a week does a person have to work with the Primary employer if he is working on EAD? Thanks.

Attorney Murthy : On an EAD, a person may work any number of hours, since the EAD has no restrictions, unlike the H1B petition. The GC job offer is a future job offer, regardless of whether you are working for them at all while case still pending. But the full-time job has to be offered for after the GC approval. A person who obtains the GC with the sponsoring employer is required to show that the employer can afford to pay for a full-time, permanent position for the person to obtain the GC or qualify under AC21 with a new employer.

Chat User : Hi, Ms. Murthy. Can 245(k) save employee who filed I-485 in status and not having pay stubs at the time of RFE?

Attorney Murthy : If a person does not have pay stubs from the sponsoring employer but has them from another employer showing same or similar job, then that is all that is required. If there are no pay stubs then the concern of INS could be that the person will not work in the same or similar field. So they could hold the I-485 in abeyance until there is proof of a new job in the same or similar field. Really what is required is a future job offer, rather than being currently employed

Chat User : Is it okay to leave the country on a business trip for a 3 month project for the parent company while awaiting I-485 approval after FP. Will it affect the approval if paycheck shows a lower salary during that period ?

Attorney Murthy : Should not affect the I-485 approval process for a person to be outside the U.S. If there is an RFE from the INS the person can show proof that the person was outside the country and so not subject to the H1B prevailing wage issues or whatever the reason would be for the lower salary.
 
still searching for clarifications...

As far as salary requirements...
I guess this is the only unclear area...

I am still expected to make the salary
determined by the Labor certification?

Somewhere I read that salary requirements
are for the "period of the interview" and not
for the "period of the issuing of the Labor certification".
(i.e. The economy during the "period
of the issuing of the Labor certification" was much better than it is now days)
But I don't think I can count on that.

So if the company I work for goes out of business,
can I get by with a part time job? Or do I need a full time job? And does my salary have to be that
of the Labor certification?

Other scenario:

I am at the interview and
I have no recent pay stubs but I have
just a job offer from another company for a full time job with the Labor certified salary.

Is that enough?
 
YOU COULD BE LUCKY

Buddy

Do not be stressed, Take one day ar a time. Thank god for what ever you have today. And you can get lucky.

I started my process im 98. My GC was approved on 1 August 2002. I never got an RFE nor did they ask for any pay stubb. I never called the IIO. Checked AVM once a month. So just do that. Do not get stressed and call IIO's etc. I will come very soon.


All the best.

Raj
 
at times I am succeeding to not get stressed but...

Thanks for the note Raj. I am trying my best
and at times am succeeding to not get stressed.

However... today I was told (is talk cheap?) that the negotiations between the company and the
investors are taking a positive turn. And that by the end of the week we should know where
we stand. As far as salaries are concerned, that is "up in the air" still. We may have to take
even further pay cuts.

How tied are we to the labor departments view on prevailing wages considering the economy.

My salary was reduced several months ago by 15%. And I may be looking at another pay cut.

How does this affect me?

Same employer as the one that sponsored me in the first place, but significantly reduces pay.

They say that reduced pay is better than no job. Is that true for people with a I-485 pending?

If I get an RFE or of I get to an interview is it OK to state that my salary has been reduced
in order to keep me on staff? Or is my situation such where I should be urgently looking for a
replacement job?

Regardless I have a "job offer letter" from my current employer. Would that be helpful? Basically it is a letter of intent. Should things with the economy be better at the time of the interview, the salary defined on this document would represent reality. If not the salary figure would have to be revisited.
 
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