Problem.....Need Advice

E

Explorer19

Registered Users (C)
Hi folks

I had a gap of 16 months without any paystub. Recently I am again on project. For the years 1999, 2000 and 2001 I am fine. I can try to make up for year 2003. But my only problem is for year 2002 and may be 2003.

How does this gap effect me during I-485

I am in I-140 stage now with RFE generated and my attorney still didn't get the RFE.
I used a labor substitute which was filed in May 1998 and approved in April 2001.

Am I eligible for section 245(i)???

What are my chances of getting greencard approval (assuming that my I-140 will be approved)

Please post ur valuable comments
Thank You
 
See inline.......

How does this gap effect me during I-485

If INS finds out it can create problem with your pending AOS.......

Am I eligible for section 245(i)???

To answer you question please respond to the following:

Were you listed as beneficiary on any immigrant petition or LC applied on or before April 30, 2001?

What are my chances of getting greencard approval (assuming that my I-140 will be approved?

No one can say for sure but I think you will have very good chance of getting 485 approval. My guess is that RFE is about your substitute LC not paystub issue.
 
If I am correct, section 245(i) is for gap in legal status. As you are on H1-B, you should have H1B approved for all the time you stayed in USA. For you to have legal status, before you filed 485, you should have H1B approved for you for all the time by some company.

Not having paystubs nothing to do with 245(i). The problem with paystubs, tax returns and W2 forms, comes into picture only when then send RFE for those, or if they scheduled an interview for you for 485 in future, at that time if the officer ask you to show those documents.

For many, usually they will ask employment letter and 3 months latest paystubs. In this case you might easily get away. If you are unlucky, they may ask you to send W2 forms for the last two years with six months paystubs. Then you have no choice, but come with proper explanation.

So at the time of RFE, if they ask for latest paystubs, you should have those. Otherwise, no need to worry.
 
Thanks z/os v1.4

But if I get a RFE or interview and they ask for my W-2 forms for 2002 and 2003, and I submit them and then when they see that the amount is very very very less for those 2 years, then what will happen???
 
Hi

I have good W-2 s for 1999, 2000 and 2001. I have very very very less amount on W-2 2002 and somewhat less amount will be on W-2 2003 when it will be issued.

I have still not applied for I-485
If your W-2 is not good for one year oe two inbetween, how bad will it affect during AOS I-485? (let us suppose if RFE is generated in future for W-2s)
 
Nobody can answer what will happen? Because the problem is there are no written rules. Ideally one should have paystubs for all months and the pay on W2 should match the pay on LC. But many of us has some gap some time in the past.

When it comes to decision, it depends on officer to officer. Pray that you will not get RFE or interview. It's possible. At least try to keep the current job till you get GC, so that you can explain that in the last two years, because of difficult job situations, you could not able to find a job. Something is better than nothing. Anyway it's long way to go.
 
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