Member Profile

YahooGC's Immigration Cases

you can call USCIS and request to have it expedited..
expedite request may or may not be approve..
your wife should stop working until she gets new EAD..

dont worry about it.. even if that happens it wont be a problem when you file i485..
google 245k rule..

if you are so bothered about it, you can exit and return after your extension approval..
this will surely erase any "out of status" issues you had.. which i personally believe is
unnecessary as lately POE are strict with h1b..

thank you very much for your reply. i was a little worried about it. What if they ask for my w2 in 485? i will not be able to provide it because i didnt work at that time as i didnt have EAD. I will apply for it as soon as possible though

no need to worry too much.. GC is for future employment so you dont need to work while GC is pending..
your i140 is already approved!

as long as your employer is still willing to hire you after you get GC and willing to provide documents (intention to hire) if RFEd
about it you are perfectly fine..

GOLFCHARLIE IS NOT FROM THE PHILIPPINES.. ANYONE CAN PUT ANY COUNTRY OF NATIONALITY SO
WHEN THEY SAY BS, YOU DONT GET BACK AT THEIR OWN COUNTRY.

SO PLEASE HATE GOLFCHARLIE ALL YOU WANT, BUT HE IS NOT A FILIPINO.

looking at your profile.. you'll "probably" see approval within 3 months..

if you are too excited you can do infopass and check with them if your i485
is with Adjudicator Officer already, also check with them if background, name check is cleared..

you wont. it is just invalid "in theory". unless USCIS ask for i-9 to prove you are working as EAD not as H1B.

"indian = moron" those were the words that out of your mouth..

no wonder your fellow indians react to your posts..

f.uck you.. be gone asshole, retard, moron,

http://www.trackitt.com/discussion-forums/i485-...

but if he has an interview and IO says why are nt you working, he will respond my employer does not have a project for me, so what proof he can show that after getting gc his employer will get a project for him or give himpaystub, we all know ecomony us so bad???

pls shed light,.

his i485 could be denied.. as stated before that is the purpose of job offer letter.. the sponsor
intends to hire you afte you get GC.. regardless of whether you are benched or not at present..
the important thing is to convice IO that sponsor will hire you after you get GC..

Are you an Indian, you must truly be a MORON.

Your first reply has the word "pay stubs" mentioned like a zillion times. Now I see what kind of morons patrol this forum.

You probably must be one of those uneducated EB3s who work for a body shop with no future. Please if you dont understand english try to communicate in your native language, like Tamil, Telugu, Kannada or whatever the sh it you guys talk down there.

my english if forgivable; your stupid advice that may cause someone irreparable damage is not !

--------------------------------------------------------------------------------
My friend is working for his employer for last 6 years......he has his 140 and EAD approved....currently he is on bench......his employer asked him to go on EAD.....by declaring 19 form......i don't know what is the logic behind this....may be you can check with your employer too.......

--------------------------------------------------------------------------------

_____________________________________________________________________

that is logical.. since H1B status cant be benched.. he is switching to pure AOS status by using EAD..
he is now AOS status and can be benched....
--------------------------------------------------------------------------------------------------

How long he can be on bench???

since he is AOS status he doesnt need to work at all.. BUT he needs to provide job offer letter if RFEd about it..
HE NEEDS TO PROVE HE WILL WORK WITH SPONSOR AFTER HE GET HIS GC.. job offer letter is usually suffice
evidence for this..

YahooGC,

Please shut the f up. You cant even interpret the two lines I wrote and you talk about stupidity.

take a english reading course you moron before you jump to conclusions.

I clearly said, that IF YOU CAN SHOW PAYSTUBS WHEN USCIS ASKS FOR IT then you should be fine. You must be new to this country or just born yesterday.

Please do us a favor and find some othe forum to pass your time you Southie, good for nothing, indians.

YOU ARE AN IDIOT AND STOP GIVING IDIOT ADVICE ! 1st of all his i140 approved already so no need to prove "abiility to pay" for i485 he only needs to prove he is not out of status for more than 180 days.. which he isnt because even if benched he is still AOS status.. SO WTF ARE YOU TALKING ABOUT WITH PAY STUBS.. YOU IDIOT !

what are you talking about.. if a person is on h4 (not working) and company A sponsor his GC..
then he doesnt have pay stub..

An employer sponsoring GC for H4 as Primary? Never heard of this one! Unless and until its a Pop & Mom Consulting company sponsoring future employment GC for their daughter-in-law?! :-D

yeah right not everbody lives in retrogressed country.. you could get EAD by concurrent filing EB2 in about 8 months..

My friend is working for his employer for last 6 years......he has his 140 and EAD approved....currently he is on bench......his employer asked him to go on EAD.....by declaring 19 form......i don't know what is the logic behind this....may be you can check with your employer too.......

that is logical.. since H1B status cant be benched.. he is switching to pure AOS status by using EAD..
he is now AOS status and can be benched..

If he gets an RFE for paystubs he is screwed, unless some other body shop is ready to produce that for him. My friend got an RFE and was asked to present paystubs after he got laid off. The company that laid him off prepared the paystubs for him and now he has his GC.

Bottomline: It doesn't matter what you are truly doing as long as you can produce the paper work.

what are you talking about.. if a person is on h4 (not working) and company A sponsor his GC..
then he doesnt have pay stub..
USCIS may ask for pay stub to check if company has "ability to pay"
but it could also be proven by company's tax return..

please do yourself and other's a favor and read more before giving STUPID AND CONFUSING ADVICE !

so if uscis asks him about w2 and paystubs and he is not paid enough as per his LC then what is the result?????

GC is for future employment. sponsor must pay more than LC AFTER you get your GC not before.
as long as employer can demonstrate "ability to pay" he is fine.

Mr. uscisigandmar,

I think you are fine because there is no way for uscis to know that you are unemployed. The only time you are in trouble is if you get an RFE, but if your previous employer is willing to help and show paystubs as needed then you are OK.

Hopefully, you can find a job in the next few months.

Good luck.

he is fine but not because USCIS is not informed of his unemployment but because
he is h1b status and AOS status at the same time.. right now "in theory" he is only AOS status
and no longer h1b status..
dont sit back and relax though as USCIS may issue RFE for job offer letter even if
sponsor will give you that.. the fact that u r benched if USCIS find out may not believe
your job offer letter..

Hi YahooGC,

I'm on AOS, but might get laid off soon. Would it be ok, if I can get a letter from my employer intending to hire me back after I get a green card? I never heard that such a letter could work in lieu of an actual employment letter.

Thanks,
skaza

Yes, GC is for future employment and whether you are working or not at present with sponsor is irrelevant..
IO though may "suspect" that sponsor may not hire you back after you get GC because he just laid you off.
In theory though your "job offer letter" should be ok if IO dont use "discretion" against you.

i see you have pending i485 so you are actually h1b and AOS status..
so even if you lose your h1b "in theory" because you dont get paid
you are still AOS status.. you are still fine but

your employer must still intend to hire you after you get GC
or you may be in trouble if an RFE comes for "job intention letter"
or whatever it's called..

they dont start with the

"in order to serve you better i need to know where you are in the immigration service..blah blah blah"..

IO are direct to point..

Member Profile: YahooGC (341 posts)