Please advise....Silly Man/Vipsha/other

J

junior_member

Registered Users (C)
My 485 RD 5/30/2002 and ND 5/31/2002.

I have been with company A and they filed the 140 later 485.
From September 1st to November 10th I was on unpaid vacation ( it was forced by my company because they couldnt find a project ).

Then in November I put my own project for 2 weeks with a friend company, he paid for those two weeks and I got the pay check for November ending. I did that to keep the payroll running until november end, thats when my six months are completed.

After that again I was on unpaid vacation.

In February I joined company B.

My question is does it create a problem ?

Thanks
JM
 
JM,
You are safe till you have a new job similar to mentioned in your LC along with same salary.

In November'02 you got the salary from company A only, am I right ?
So you have AC21 to protect you and now you have a job. So you don't have to worry only thing you might get RFE then you can reply to RFE or you can inform INS about change in job now. But since you may not be getting approval in another 8-9 months so why to bother INS now. Wait for another six months and then decide if you want to inform INS about job change or reply RFE (if any).
 
Well you are far away from approval. RFE is more than likely in today's situations. Usually the RFE will ask for past 3 paystubs and w2s etc. In that situation, as long as you are able to provide all that info .. ur cool.

In other words, just make sure u can reply to an expected RFE properly, in the coming months keep an eye out for the kind of RFE's INS is giving out, and as long as you can reply to their RFE's satisfactoriy .. UR COOL.
 
My take on the situation,

As long as your current salary and position match LC, then you are okay under AC21.

Now comes the issue of RFE. Under which you will be asked for paystubs and W2/1040. There will be a clear discrepancy between your stated salary and the amount of money you earned in the year 2002. Not just that, you could be asked why you have 2 W2's. Which you will have if you worked for a friend. Now you cannot work for your friend unless you were on EAD. If asked why there is a difference in stated salary and salary earned, you must come up with a convincing argument on why the discrepancy. Something on the lines of I decided to take leave without pay, etc.
 
my apologies

Sorry I wasn't clear about the two weeks in november.

In november I was on friends inhouse project and they paid it to company A and company A issued the pay stub.

In January I joined company B.


When I was off the project, my company A forced me to write a letter as I am taking the unpaid vacation.

I filed my 485 in may, got married in June and wife's 485 is added at the july end.

When I spoke to the company A and the lawyer they said as long as I took the unpaid vacation informing company in a official manner even if my W2 reflects less salary that should be fine. Lawyer also stated that after marriage we can show that I went to India twice and I took vacation to roam around the country for honeymoon.


I know that it will take another year or more to get my 485 approved by seeing at the current rate of approvals, even if they generate the RFE I should be fine. If the RFE comes next year I should be totally OK otherwise I have the above reason.

Please let me know if you feel something wrong in that.
 
As 140 said if your case land with some dumbhead IIO he might question you on low W2 salary unless u made much higher in previous months to cover up the loss od pay. But as long as you have a similar job and right salary u should be ok to use AC21
 
junior_member,

Seems like a clear AC21. Should not have problems with W2 thanks to unpaid leave. If the push comes to the shove, you can always be truthful and explain to the IIO that your company forced you to take leave, in sillicon valley, most tech companies are following the same practice, and if you don't have any paid vacation left, then you have to take unpaid leave. After which you went back to work. That can also be used as a reason for changing jobs. i.e. They were not paying you regularly, hence you switched jobs!
 
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