Please let me know the options for a friend

[tt tt]

Hi Guys,

One of my friends has this problem:

485 filed around Dec 20..I think the Wac# is 02-065. He has lost his job but the company will not be informing the INS. He has got his EAD/AP.

Problem: No paystubs.
and no RFE yet from INS.

and assuming that getting a paystubs/EVL rfe is almost the rule now..
Since the INS has not been informed about the loss of job, if he submits paystubs from another employer will that cause any trouble.

also can he work as a consultant, or does he need to show a 'permanent' job offer ?

 

[ghost-rider]

During the time to reply the RFE he should have a fulltime position with equal salary as in LC. It doesnot matter if he does't have pay stubs if he has juststarted the job or is staring in a week or so . you have to send the job letter with salary permanet position and job discription letter for AC21 use.

 

[lsamp]

Originally posted by tt tt
Hi Guys,

Problem: No paystubs.
and no RFE yet from INS.
also can he work as a consultant, or does he need to show a 'permanent' job offer ?

tt tt,

No RFE means no problem. That does no mean your friend can sitback and relax. He needs to find a job, ASAP.

There is no such thing as permanent. He needs to be employed full time - as stated in the labor (40 hours / week). Even if he is a consultant, his salary must be shown as $xx,xxx per year instead of hourly as an hourly salary can sometimes be interpreted as a temp job.

Incase of RFE, along with pay stubs and EVL, enclose a letter justifying job change and mentioion AC 21 and document the layoff if possible.

 

[tt tt]

thanks...a lot.

Basically he needs to be very pro-active in getting his documentation in order once he starts work as a contractor..I think he has a contract job lined up. but as you guys said the docs must point to a 40hr per week postion and the company must submit an employment letter for him..ok got it.