Stay in US on EAD and pending AOS without continuous paystubs

S

sree65

New Member
Hi gurus/attorneys,

I have a couple of important questions and am in desparate need for your answers.

I came to the US on H1B 6 yrs back and have been working for my employer on different consulting projects for all these days.

I got my labour and I-140 approved in 2007 and applied I-485 (employment based) in july 2007 which is currently under process.

My H1B expired in May 2008 and since then I have been working on EAD for the same employer.

At present I have EAD valid till July 2010 and AP valid till Dec 2009.

Due to the current market situation, I don't have any project for the last couple of months ( since Feb'09).
Hence, there are no pay stubs from my employer.

Now, my employer is pressurizing me to run my pay stub paying my pocket every month to continue my stay in the US.

That is about the case back ground.


My questions are:

1. For someone working on EAD, is it a legal requirement to have paystubs every month to continue his stay in US?

2. For how long, any one working on EAD, can legally continue his stay in the US with out paystubs?


Please help me with your answers and advise.

Thank you
-sree
 
There is no requirement to be working when you have an EAD or pending EB I-485. The requirement is to have a job offer to work in a full time ongoing job after green card approval. You could sit at home watching TV from now until the green card is approved, as long as that job offer remains available to you.
 
sree65 said:
Hi gurus/attorneys,

I have a couple of important questions and am in desparate need for your answers.

I came to the US on H1B 6 yrs back and have been working for my employer on different consulting projects for all these days.

I got my labour and I-140 approved in 2007 and applied I-485 (employment based) in july 2007 which is currently under process.

My H1B expired in May 2008 and since then I have been working on EAD for the same employer.

At present I have EAD valid till July 2010 and AP valid till Dec 2009.

Due to the current market situation, I don't have any project for the last couple of months ( since Feb'09).
Hence, there are no pay stubs from my employer.

Now, my employer is pressurizing me to run my pay stub paying my pocket every month to continue my stay in the US.
--------------------employer is wrong.
That is about the case back ground.


My questions are:

1. For someone working on EAD, is it a legal requirement to have paystubs every month to continue his stay in US?
------------------NO, you have I-485 pending
2. For how long, any one working on EAD, can legally continue his stay in the US with out paystubs?
------------------ you need job offer at the time of I-485 approval.

Please help me with your answers and advise.

Thank you
-sree
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