was not paid for 7months continuously, is that going to be a problem??

[rsannu2k]

Hello friends,

I am waiting for 485 to be approved, wanted to ask you all a small doubt, as I was talking to my middle person about portability option, he said if you were not on bench for 6months continuously then you will surely will get approval, so you can change employer now., but I did not tell him that I was on out of project for 7months, only reason being this happened from Sep 2001 to May 2002, which is almost 7months few days...
will this be a problem to my 485 processing, I am thinking howfar INS going to check for the status, I have 2002 tax returns very bad, but 2003 and 2001 and now 2004 are good... I do have all my two years pay stubs without breaks now... but wondering, if they ask anything about 2002 early, then what should I do.. also onemore thing INS even asked my about my 3yrs tax returns in my 140, my attorney sent them, they approved my case in 2weeks, but I am unable to dare to join other company only on this reason.

Any suggestions !!!

Thanks,
Sekhar

 

[needhelp1]

I personally don't think that bench should be an issue for I485 approval, as GC is for future employment, but generally if you see the treand recently, if the case is in good faith and if the financials of the sponsoring company is decent enough then I don't think they will send you an RFE on Financial Ability.

You can always change the employer now as you have already crossed 180 days of filling the I485 and you also have I140 approved. If I were you, I would join take the new job and made sure that the new job satisfies all the AC21 regulations. My 2 Cents!

 

[girishreknar]

How joining the NEW COMPANY would going to change your PAST? I am on same boat and I have changed my employer and location as well.

 

[dsatish]

How joining the NEW COMPANY would going to change your PAST?

I agree. Don't worry too much on this bench issue. Many people have gone through this mess in the last 2 or 3 years. Not getting paid is a DOL issue, not INS issue. If at all INS questions you on lower W2, your company can always show leave on loss of pay for few months. So go ahead and join the new job without any hesitation.