Please help me!

A

aspdotnet

Registered Users (C)
i applied for GC and the labor is going to approve in the next 2 months.
but i am out of payrole from my company nearly 6 months bcz I don't have job.
is it a problem to apply for I-140 and 485..?
did any one ask about previous payrole history when applying for I-140 or 485.?
If problem is there how can we solve that .? Is there any other way to show that period as leave or long vacation some thing like that..?
PS: I stayed in US only..didn't leave US.

Please help me in this issue..:-(

thanks in advance..
 
any body! please help me....

i applied for GC and the labor is going to approve in the next 2 months.
but i am out of payrole from my company nearly 6 months bcz I don't have job.
is it a problem to apply for I-140 and 485..?
did any one ask about previous payrole history when applying for I-140 or 485.?
If problem is there how can we solve that .? Is there any other way to show that period as leave or long vacation some thing like that..?
PS: I stayed in US only..didn't leave US.

Please help me in this issue..:-(

thanks in advance..
 
Hi aspdotnet,

I think, that technically, you are violating the conditons of your status (if you're on H1) with not getting paid. So this means that you don't have a lawful status in the US therefore you are not eligible to adjust your status. My take is that your company can file i-140 but you will have to leave the country and get your an immigrant visa to return to the US.

Ask your company's lawyer, I am sure they'll have an answer for you.
Ana
 
Technically for filing i140 BCIS do not need your paystubs. You don't have to be on company payroll. However the company need to submit financial statements to prove that they will pay you the prevailing wage after you change your status (AOS or CP) to immigrant from non-immigrant.
Now, in order to do AOS, you have to be in status. And here is your problem, with not getting paid, you are violating the status of your H1 and you might be denied AOS based on that (not necessarily, but it's possible). For this reason, I am not sure you should file i485 concurrently with I140 because your AOS might be denied.
However, you have the same dilemma in the case of CP too, since there too you need to present that you never violated your non-immigrant status (if any).
http://www.immihelp.com/gc/consular/before_leave_us.html
see this link for more info.

I think your situation is not quite straighforward, ask an immigration lawyer before you make any decision.

Hope this helps,
Ana




Originally posted by aspdotnet
Thanks for the response AnalC..

should be some postive answer U mean to say rite..?

thanks
Click to expand...
 
Well said ana .. Your responce is quite straighforward..
There could be some other ways also .. One of my friend is out of job for few months while he is on 140 .But still he got his EAD and everything .. let me talkt o him again and i will post what he did


Originally posted by AnaLC
Technically for filing i140 BCIS do not need your paystubs. You don't have to be on company payroll. However the company need to submit financial statements to prove that they will pay you the prevailing wage after you change your status (AOS or CP) to immigrant from non-immigrant.
Now, in order to do AOS, you have to be in status. And here is your problem, with not getting paid, you are violating the status of your H1 and you might be denied AOS based on that (not necessarily, but it's possible). For this reason, I am not sure you should file i485 concurrently with I140 because your AOS might be denied.
However, you have the same dilemma in the case of CP too, since there too you need to present that you never violated your non-immigrant status (if any).
http://www.immihelp.com/gc/consular/before_leave_us.html
see this link for more info.

I think your situation is not quite straighforward, ask an immigration lawyer before you make any decision.

Hope this helps,
Ana
Click to expand...
 
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