Will there be any problem in my case?

J

jambalakadi

Member
Experts please answer,

I am on H-1b
I was laid-off on 5-APr-2001 and I was on payroll back on 10-July-2001.
My I-94 was valid until Jan-2003 at that time.

Will there be any RFE regarding my status? Am I out of status on this period?
did I accrued illegal stay?
 
HasiruPatra said:
In my opinion, u dont have any problem. already your I140 approved.
Click to expand...
They don't evaluate status during I-140 adjudication; it is done during I-485.
Technicaly you were out of status for 2 months and 5 days. Usually there won't be a problem if it is less than 180 days. Have you re-entered US after July 2001?It helps your cause if you filed I-485 after. You stauts since last legal
entry to US carries more significance. Past 'sins' are forgiven once you leave and re-enter.
 
Last edited by a moderator:
"I was laid-off on 5-APr-2001 and I was on payroll back on 10-July-2001."

During 485 adjudication at most INS ask is the recent paystubs so u r fine there.
during Citizenship interview they will ask you W2 for all years u worked in US; then u'llhave to ie that due to recession our company went thru paycut for 3-4 months to cover up ur apr-July payloss in W2.
Thats all there is.
 
Could anyone clarify this plz....

armie,

Is it true, if we maintain status since last entry to US....everything will be alright at I-485 stage.

I believe so, becaz there is no where we mentioned application when we first entered US and its details.

Even if someone stays since they first entered and on bench for 6 to 8 months, how Service center knows that the person is on bench ?
Also I believe in US, 90% s/w engineers on bench atleast a couple of months... am I right....

Could anyone clarify this, Plz....
 
service center will never no about your bench period and they dont even know this "bench" term. They might ask for 2 years pay stubs and if they found out some are missing for 6 months then they will think that there is some fraud going on and may deny I-485.
 
Hi

Is there any case that they asked last 2 years paystubs ?

What if we don't have 2 months paystubs and say we were on Medical leave ?
 
i've never come across with any post where applicat was asked for 2yrs paystubs or w2s in 485 stage. They will ask W2s only at time of Citizenship.

Clear485 what do u mean by 2 months?? do u mean 2 months out of 2 yrs or recent 2 months. If you don;t have recent paystubs and INS RFE u for that then u r pretty much toasted coz u've to show that u r still working in ur stipulated field of expertise.

If its 2 months out of 2 yrs then thats understandable no one keeps all paystubs for many years. Atleast i don't sometimes i keep and sometimes i forget to keep. Anyways i'm least bothered about this kind of RFE from them.
 
amcom said:
"
during Citizenship interview they will ask you W2 for all years u worked in US; then u'llhave to ie that due to recession our company went thru paycut for 3-4 months to cover up ur apr-July payloss in W2.
Thats all there is.
Click to expand...

They will ask for W2 for all years you worked in US? So, if someone gets GC after 6 years (on H1) + 5 years to be eligible to naturalize + 1 yr for the process = 12 yrs of W2's? I know a guy that got his GC and didn't want to apply for citizenship, he has been here for over 16 or 17 years and now he is thinking of applying since India now allows dual citizenship. So he is going to need W2's for all these years? Hmm, that doesn't seem right or reasonable!
 
There might be a chance of being asked paystubs for specific periods to verfiy if the applicant was maintaining proper status. But they are not going to ask for a period spaning several months or years.
 
MXC AFAIK they "can" ask for W2s for all years if not then recent years. but probablity is that they can. And how hard is it to maintain W2s its just a peice of paper.
I actually met with a guy a month ago who's going for an interview for citizenship, he's applying 5 yrs after GC, and i asked him same Q and he said they have mentioned to bring W2s for last 6 years. Now i don't have his number but i must call & confirm and ask about his status.

In his case they are not interested in paystubs.
 
Also keep in mind INS has their system linked with IRS and even if don't ask you fro W2s they will pull all records on their own if needed.

Am i thinking too out aloud.... but i don't mean to scare anyone
 
no way

amcom,

I don't think there is a link between IRS and Service centers.....
But in future, ther are going to be..... I am sure about this.....but I can't give you source from where I got this info....
 
amcom said:
Also keep in mind INS has their system linked with IRS and even if don't ask you fro W2s they will pull all records on their own if needed.

Am i thinking too out aloud.... but i don't mean to scare anyone
Click to expand...

Do you actually have an evidence that this is true? Cause if that's the case, they would never ask for W2 RFEs, and cases will be approved much, much faster. No?
 
I really doubt IRS systems and INS systems are linked.

Why would an INS system needs to connect to IRS systems?
 
rmemebr in my earlir post also i said i don't have proof i had met a guy who was up for citizenship and he was required to show all w2s and these things of deportation happened in friends friends tales only. i yet to have see any live case.

I'm throwing out all possible scenarios;
 
Chennai counsulate is notorious for asking 6-months paystubs and 2-year W-2 when they suspect H1-B applicant has been out of status. The farmers from Nebraska has not been as bad when it comes to I-495
 
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