Please let me know ASAP..

S

sammie

Registered Users (C)
Hello cp guru\'s,

July 19 is my CP interview at Chennai.I am out of job now thru IBM layoffs
in first week of june.So,my latest paystub is of June ist week.So,what I need to do..? If I go without current paystub & without job and Just with employment letter from employer, can I face any problems at consulate(GC denied etc..)please advice quickly..I need to make a plan..Thanx..
 
CP

My 2c worth is as follows:
By your being without a job, you are out of status. You are allowed up to 6 months out of status at discretion of consulate officer. A month is no problem. Not having a job has nothing to do with your green card. The notarized letter of future employment is the most important document.
What would I do if I was in a similar situation: I would go to India and take a holiday. You don\'t have to show pay stub for period you are not in the country. Pay stub only proves your status is valid if you are in the US A.
Maybe imm999 and Moulin and others may wish to comment here too.
 
No Title

I completly agree with brb.. There is no point in postponing until you get another job either because that has no bearing on your CP interview. What you need is a genuine offer from your sponsoring empoloyer.

If you are in doubt about this, what would I do ? I would file a 485 asap. Two months later I would get an EAD which would allow me unrestricted permission to work. That would buy me 8-10 months until the 485 adjucation during which I would either

1. try and hook up again with the sponsoring employer or
2. get a new LC and 140 (hoping that PERM and Premium 140 Processing starts by Jan 2003) and
3. hire a good lawyer who would use 1. or 2. with AC21 to ensure a legal and successful AOS.

The reason that most of us opt for CP is the time that 485 takes. You may be taking unusual risks by opting for all-out fraud at the time of your interview and if you balance it, the main disadvantage of 485 (time) is your most valuable asset.

Give it a thought. Post your comments. I hope im9999, watchTsc and others also put in their 2 cents.
 
I agree with brb and moulin..I think you can go CP as long as you have notarised employment letter

Pay stubs are not required anyways. Only issue is that you would not be working for the sponsor after getting back. This is why most people don\'t advise CP. My lawyer says that this itself should not cause any major hassles probably until you appy for citizenship.
 
I agree with brb and moulin..I think you can go CP as long as you have notarised employment letter

Pay stubs are not required anyways. Only issue is that you would not be working for the sponsor after getting back. This is why most people don\'t advise CP. My lawyer says that this itself should not cause any major hassles probably until you apply for citizenship.
 
sammie, you may want to check as to how recent the employer letter should be dated.

I think month or two old should be ok..any ideas cp\'ers?
 
No Title

Brb,

I am thankful to u,MOulin&Targetgc and all of other friends in this forum..
I got motivation now to start to India...BUt I have some doubts please..
1.R U sure about even my CP denied,able to stay outof status for 6 months& can I able to reenter usa without failure..? One more thing is,I have H1 visa valied upto April2004..
My lawyer is telling like..she is not sure about reneter if my CP denied..She may trying to give caution about the most worst situation..I guess so..
3.There is no problem about getting Notarized employment letter with the most recent date..employer is good..He will provide it..
And I have latest paystub of June 1st week..Looks like I am leaving from here before end of this month..too much gap for recent pay stub..?
all of u get back to me with suggetions once again please..if any of u have exact notarized employment letter,if u can,please forward it to
..spolimetla@hotmail.com..Thanx for ur time..
 
my 2 cents....

if you are laid off before the CP interview and still go for CP with the employment letter .. then its still possible to get the GC but remember that the basis of the GC was a job offer! You worked at that position all along (say 2-4 years) and now just 2 months before the interview date that position has gone !!! Hence it becomes very difficult for you and the company to justify that after u get the GC and come back, that position will suddenly become open !!!!!! On that basis ur GC may be denied ...Well, this is the risk you took with CP, RIGHT ! The other side is that u can argue and say that it is for a future job and u will join when u return ... but given the scenario its a weak argument ...

The scarier side is that you and ur employer know that the position is closed and still went for CP... your intent was to just get the GC and not join the employer and from the employer side, not to employ you on ur return ... This is considered to be a "fraud" .. and if known at any point, INS will not like that !!!

One can argue that Lot of People are doing it (no job CPs and AOS) ... I agree yes they are but then the US has started waking up and laws will change for the worse for the immigrants .. they won\'t get better ....Also, till ur citizenship you will constantly live under this tension of whether you wll finally "Make It" !!!!

I do prefer AOS in this circumstance ..... but u have the last call ..

All the best ...
 
No Title

Im9999,

Thnx for good note..

How can consular officer find about my job was closed..my Notarized employment letter reflets I am still employing by same employer.right..? May be missing of 2 or 3 weeks current pay stubs..?
please clarify..Thanx..
 
CP

Sammie, I suggest that you go through the foreign affairs manual (FAM)
http://www.foia.state.gov/fam/fams.asp?level=2&id=10&fam=0
A lot of your questions will be answered there.
If your CP is denied for excludable reasons, then your H1B is cancelled "without prejudice". excludable reasons are listed on one of packet 4 forms, I think part 2 of DSxxx. Now H1B is valid only until you hold a job, so in theory if you loose job, your H1B is invalid unless you file for another H1B within a reasonable time.
If your employer is giving you a letter in good faith and you believe that there is every reason he will give you the job when you come back, go for CP. If you don\'t believe you will get that job, then you will be making a false swearing and that is a big offence and could permanently bar your green card. So talk to your employer and take the decision. Very few consulates ask for pay slips now a days, unless they have reason to believe that you are out of status. If the letter of employment is recent they will not be asking you for pay slips.
Good luck
 
sammie .. u are right that

most likely the consular officer will not get to know but again the question is of ur "intent" ....which is again a difficult to prove !!!

A better way to handle things is that if ur employer is willing to give u the letter, then why not request him to keep u on the payroll but with "Leave of Absence" ... and you should then immediately leave for India ... in that case the scenario changes a little bit in the fact that you have actually not lost ur job ... and the position is still alive ....u can come back and join the employer and then the economy can be put to blame for ur loss of job ... this way u still have an argument ....

But with a layoff, the position is no longer there !!!!

So, its highly unlikely that u will get the CP denied but the "intent" is certainly questionable .... Always remember until the time u don\'t become a citizen, INS has every right to take away ur immigrant status (Again highly unlikely ... but an unnecessary tension) ...

I am not trying to scare you but giving u the worst case scenario which is not likely to happen :)

I think ur employer being understanding enough somethings can be worked out ... try a bit harder !!!
 
No Title

Brb&Im9999,

Thanx for good updates..
Looks like best thing is to go after get into job once again.So,Iam thinking about postphoning it to last week of Auguest..for that consulate asked me to send email..
Any of u know about format of that email..? I need to give any specific reason to postphoning..? or simply ask for post..?Thanx for ur time..Hopefully I may get job before end of this month..
 
No Title

I think sammy, you are making a big mistake and you are being mislead by others here.
Here are my points.
1.I dont understand what makes you believe things will be good after you get your job.First of all, you can not show current paystubs from another company other than the company sponsoring your GC.So it is completely ruled out that waiting for job will help the process.

2.Considering the current economic situation,it is highly unlinkely that you will get job soon.However skilled you are ,Job market is nightmare even for GC\'s & citizens...imagine how it is for H1\'s...

3.Submitting June paystub for july interview should be absolutely fine.YOu can always mention (or you can actually plan) vacation from June.

I think you are missing golden opportunity if you miss the boat now...Only issue is whether your company can issue an offer letter.If you already have one,that is good.I think, Consulates can accept upto 3 months old offer letters.

Again risk is there but less riskier than other options.Look at statistics.Look at ratio for how many people are getting rejected to how many are issued GC\'s.Consulates they go by paper work,not by investigating...If you have all other documentation ready,it is worth the risk.

just my 2 cents...

Got GC thru CP last year and was just briowsing thru,saw this post and thought should respond.

Rahul
 
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I do agree with Rahul ...if u still want to do CP u should do it asap and NOT POSTPONE ...

What we were telling u were the consequences of the "intent" which will occur after u have taken the CP....

As in my earlier post I did mention that u will most likely get the GC but then there is something that you will have to live with (if u cared) !

BUT DON\'t POSTPONE THE INTERVIEW and DON\'T change the job right now ... Immediately go to India and wait there for the interview...

All the best ...
 
No Title

Rahul&Im9999,

One thing I want to clarify..
I am trying job once again thru the same employer,who filed my GC..
I am also 99% positive about both of ur above suggetions& really wish to go..
But there is one % possibility for not able to reenter,if it denied due to my late pay-stub,or..laid off situation etc..I really need to care about this one percent possibility..right..? please advise..Thanx for ur continuous followup..
 
sammie, calrify IBM is employer or some other company..

It looks like IBM is not your employer. If you are working for some other employer then you are satisfying CP rules and looks like you are worried about unnecessary things.

After getting GC,You can find job and work for the current employer and quit after some time. The purpose of GC as you know is for future employment and after getting your GC, try to work for same employer for some time. Just as an reminder, you are still working with your employer and you are not in payroll. Take leave for couple of months, go to India have CP. Don\'t postpone your interview.
 
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No Title

TX,

IBM is not employer..I worked for IBM thru other employer who processing my GC and now also once again trying for job thru same employer..BY the way, do u know any problems about postphoning interview..?
I wish to go for CP interview on exact date without postphoning..Thanx for ur good note..
 
how long need i wait for my interview?

hi, rehull
   i have a number of archive from NVC, and my case have delivered to Consulate in Guangzhou, but i have never received interview for Consulate , AD of my i-140 is 25/FEB/2002 , could u tell me how long i need wait for? hope u can give me a response, thanx for ur help
 
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