newly saint
Registered Users (C)
INS is sending these RFEs to lot of people
Law does not require you to work for sponsoring employer until GC is approved, therefore INS can not ask you to submit pay stubs from sponsoring employer. However, probably they want to see that you are not out of status. To tell you the truth, according to regulations, if you are on H1 but not receiving salary and if you don\'t have a valid & convincing reason to be on "leave without pay" (usually medical reasons are OK with INS), you are out of status. Merely being on payroll does not mean anything to INS (strange!).
You can try with your employer to give you salary but I don\'t trust these weasels.
But, on the other hand you cannot be out of status after filing I-485 (I am not 100% sure about it though). You can even work illegally (you employer who gave you this illegal employment may be fined) after filing I-485.
But, INS can argue differently. They will say that they don\'t care of in status or out of status issue. They will argue that since you are on the payroll of sponsoring employer but not getting salary because employer does not have work for you, your employer will most likely does not intend to hire you . Therefore, underlying labor certificate is invalid. What will be your counter argument ?
Well, you will probably get a letter from your employer stating that they will hire you as soon as you get your GC. But, it is not sure shot thing. It will depend on what type of INS officer looks at your case.
You may also want to look into "consular processing" (but for that you will have to withdraw I-485). Since this is a complex issue, you should consult with a good attorney asap.
Law does not require you to work for sponsoring employer until GC is approved, therefore INS can not ask you to submit pay stubs from sponsoring employer. However, probably they want to see that you are not out of status. To tell you the truth, according to regulations, if you are on H1 but not receiving salary and if you don\'t have a valid & convincing reason to be on "leave without pay" (usually medical reasons are OK with INS), you are out of status. Merely being on payroll does not mean anything to INS (strange!).
You can try with your employer to give you salary but I don\'t trust these weasels.
But, on the other hand you cannot be out of status after filing I-485 (I am not 100% sure about it though). You can even work illegally (you employer who gave you this illegal employment may be fined) after filing I-485.
But, INS can argue differently. They will say that they don\'t care of in status or out of status issue. They will argue that since you are on the payroll of sponsoring employer but not getting salary because employer does not have work for you, your employer will most likely does not intend to hire you . Therefore, underlying labor certificate is invalid. What will be your counter argument ?
Well, you will probably get a letter from your employer stating that they will hire you as soon as you get your GC. But, it is not sure shot thing. It will depend on what type of INS officer looks at your case.
You may also want to look into "consular processing" (but for that you will have to withdraw I-485). Since this is a complex issue, you should consult with a good attorney asap.
