Waiting for GC approval, on bench

C

calgal

Registered Users (C)
I am currently working on H1B visa. My info is as follows :

RD: Mar15 02
ND: Apr1 02
EAD/AP : May 15 02
FP: June15 02

I was on bench in May and June without pay. So no pay stubs. Now, I am doing a month long asssignment so hopefully I will get a paystub for July.

My worry:
1. If after July, I remain on bench for a looong time without pay stubs, will it affect my GC approval.
2. How is staying on bench and getting GC correlated in 485 process. How long can I stay on bench.
3. If my company agrees to give me an employment letter in lieu of the paystubs will that be acceptable by INS?

Thanks!
 
Just pray that you dont get any RFE and your application will be approved....Then you won't need any letter or paystub to show INS.:rolleyes:
 
It looks like your RD is on Mar 02. Assuming your center is VSC they wil start proocessing that cases may be in Jan or Feb of 2003. If they go in the current phase. Unless there are some miracles they may start processing earlier. I would suggest two options.

1. If you know the company and there is no problem in to be in bench then tell him not to give the payment for thsi month. Check your voicemails and when you get a RFE notice tell your comany to give you the paycheck that he owes you. Or be in the pay role during jan feb.

I hope you understand my point
 
Thanx for the suggestions.

My company is a big public organisation, so I am not sure how shud I go about suggesting this. But stretching this further, wud it be a problem if I ask them to pay me on paper. i.e. They give me a pay-stub by direct deposting my pay(like they do) and then I pay them back. That way I get my pay stubs say starting Nov or Dec 2002 for the next 3-4 months.

I feel so silly but I guess desparate situations make u think of any possibilities.
 
hey

hey dont feel silly.. this can happen to anybody..all the best. you will deftly get your GC!:)
 
That will Add Income to W2 Taxes?

If you do that, it will add up to u W2, and you would end up paying Taxes without any Income.
Still most companies wont oblige, coz then every person will ask for the same, in such a condition.
 
Keep trying

Since your case would come up for adjudication 6-8 months from now, keep trying for a job on the side. I know it is very difficult given the scenario these days, but no harm in trying. If it is a permanent position instead of consulting that's the best. If it comes through by the end of the year you can use AC21 rule. I am just throwing one more option, not necessarily need be applicable to your case.
 
calgal..

One of the main conditions for GC in addition to a job offer is the ability of the sponsoring company to pay you the wage it promised (the credibility of the actual wage itself is determined at the time of filing your labor). The mere fact that your employer is not paying you during your bench periods will not go well with INS. I think it is also illegal to keep an H1B employer on payroll without pay -- bench or no bench. But I'm no expert and I may be wrong on this.
There are two ways you can go by:
1. Sit and pray that you don't get any RFE for your case. To be a little more optimistic, pray that you get paid regularly from now on at least as most RFEs are for the last two/three months' pay.
2. Find another job that doesn't penalize your bench periods and hope that your case takes more than 180 days to adjudicate. In short, use the AC21 provisions.

Like I said before, I am no legal expert so don't take my advise at face value. The best suggestion I can give you now is to discuss your situation with a qualified legal attorney.
 
if my company agrees to pay a minimum bench salary which obviously would be much lower than the actual, probably around 50% less or more, can that help in the matter.
 
Calgal

From what little I know, I think even THAT minimum salary should be the one indicated on your labor application (if the salary is more, then it usually is not a problem). Again, you are best advised to consult a qualified legal attorney. Don't take the words of wisdom people throw on this forum for granted.
 
Hi, just wondering, Is there a requirement of submitting the pay stubs again when the case reaches to the office ? pay stubs are submitted when sendig the 485 application.

Can anyone clear my doubt.



thanks,
 
Calgal,

Why don't you talk to your manager/recruiter/partner and explain the situation to them? Tell them that you don't want to lose your job for next 6 months and if INS sends a RFE, you would have to submit the paystubs for the specified months with full salary.

And then ask them what they can do for you...

Just a thought. Wish you goodluck!
 
for ga

ga,

As far as I know, no paystubs or any other documents are mandatory after I-485 application. If the INS Officer cannot complete GC approval because of some missing or misleading documents, then a Request for Additional Evidence(RFE) is sent to you and after that one might have to produce more documents to support his/her case .

Hope that answers your question.
 
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