Why does INS ask for Pyastubs befire 485 approval , GC is for a future job?

Sanjay1

New Member
I was wondering why does INS ask for last 3 months paystubs if GC is for a future job? What happens if some body is forced to change jobs after 6 months of 485 processing? Does he have to have an EAD or he can do it on H1 in the wake of new rule?

Please advise.
Sanjay1
 
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Only VSC follows this procedure. Other SCs only asks for Empl. Letter.

I guess it will continue until smebody challenges based on S2045.

Note: INS is yet to come out with S2045 regualtions, so, for the Service Center it is like there is no S2045!
 
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myladoor,

Even without S2045, they should not ask for the pay stubs as it is for a "future job position". For instance the applicant can decide to rejoin his sponsor at the time of adjudication.

Any thoughts?
 
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Though VSC asks for paystubs, there have been cases where the paystubs form another company (not the petitioning company) have been submitted and the cases approved.

So I think its just a regulatory procedure to ensure one IS working for some company.

Just my thought.

Cheers
Naveen
 
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Thanks for your reply guys! By the way I have undergone 8 months of 485 process and 3 months since FP. My ND is July 2000(EB2 India)
Will it be advisable for me to be on EAD since H-1 is expiring in July? Though I have time left on H-1 since I was out of country for more than a year, what do you guys say?

Thanks,
Sanjay1
 
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Sanjay1

Can we extend our H1 for the period that we were out of the country. I am hearing this for the first time and just wanted to ensure if we could.
Also my ND is July00. So keep me posted and vice-versa if anything developes as far as INS goes.
Just renew your H1 than going for EAD. If AOS were to be denied for some reason then atleast (per what u say) u can still continue on an H1B for 1year and 5 months. This is what i would do.
Perhaps the gurus may differ on this
 
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Of course you can get H1 extended by the amount of time you were not in the country. Your lawyer can help you with that...

About Sanjay1, here are my thoughts:
- If you have no problems getting your H1 extended by your company, that is always a favored alternative as it keeps you safe from any unforeseen situations !
- In case you want to have the option open of working elsewhere or want your spouse to work too, go for an EAD.

Take care
Naveen
 
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Guys, yes, GC is for future job. BUT, pay stubs are asked to make sure you are already living on governament money (public charge). Thats what people who do not have income do. Before they give you GC for future job (which is supposed to be having shortage of workers) if you already are jobless, then they have to question your ability to survive in US on your own. So they want the paystubs to make sure you are already on your own foot. So, it should not matter who your employer is. But if you send paystubs from employer other than your GC sponsoring employer, then you also have to submit a letter from your GC employer saying they still have the position available to you after GC. Read your RFE notice carefully, it clearly says what they are looking for. Mine clearly states that they want to make sure I am not a public charge.

Kiran
 
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Kiran,

I would like to understand how could one become a public charge if the person is not earning money. It is quite possible the person might have saved enough for the rainy day. Even otherwise, how could a person burden the government if he can\'t get unemployment wages. I\'m sure you are aware that people who are not citizens (not even GC holders) can\'t claim unemployment.

So saying that INS is looking for the person not being on public charge does not have a lot of sense. If the company provides a letter saying that this person is employed with us should be enough. Please clarify.

Again thanks for being here to answer questions even though your passport is stamped. This act of selfish-less-ness is your contribution to human society.
 
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What if somebody is out of job for a valid reason like leave without pay etc?
What if one changes job on H-1 to some other comapny (of course if forced to) and the GC offer with petiotioning company is open? What is your feed back on such possible cases?

Will it create any problems in approval?

Thanks,
Sanjay1
 
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