Is it a fair law/rule??

[javadeveloper]

Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.

A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.

B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.

In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.

[fromnaija]

For I-485 AOS purpose, date of last entry into the US is used as basis of determining legal status. That is the law. Fair or not, it's not my call

Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.

A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.

B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.

In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.

[desi3933]

Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.

A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.

B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.

In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.

One is expected to know immigration laws. Who stopped Person B to re-enter USA before filing for I-485.

Not knowing laws is not a valid excuse.

[glamzon]

No Clue... on this topic ..sorry

[rajnag21]

Hi All,
Is having paystubs absolutely essential or will w2's suffice ?

[srgadi]

Hi All,
Is having paystubs absolutely essential or will w2's suffice ?

As far as I know paystubs are not part of the required documents for AOS, tax returns are.

[paskal]

a link that says 485 filing needs tax returns.
please see the official instructions with the 485 form and note what is actually asked for- it's not much- and no W2 or tax returns are mentioned.

[franklin]

To my knowledge, neither paystubs, W2s nor tax returns are required for filing.

However, some attorneys (mine included) requested my tax returns for the last few years. I think this is so they are prepared just in case of RFE on something?

To answer the original question with a quote from my grandmother whenever I whined, "but that's not fair" as a kid, "Life never is"



The law is the law. We abide by them. We can lobby for changes to said law if we believe they are incorrect, but we don't break them before they are changed.

[javadeveloper]

OK agreed , when it's a law we should abide by them.But what are the other options available for B? He can't be covered under 245(K) so this option is ruled out.He needs to forget about GC? Will it be helpful if he contacts good lawyer any hope? Or just rely on luck?

[tinamatthew]

Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.

A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.

B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.

In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.


Ignorance is not an excuse! If you speed and you are stopped will you tell the police man that you didnt know the speed limit on that street? I believe all immigrants should educate themselves with the law of the country and how it will affect them. I think it is a fair law that gives some people a fresh start and is very welcome for us as immigrants.

[tinamatthew]

To my knowledge, neither paystubs, W2s nor tax returns are required for filing.

However, some attorneys (mine included) requested my tax returns for the last few years. I think this is so they are prepared just in case of RFE on something?

To answer the original question with a quote from my grandmother whenever I whined, "but that's not fair" as a kid, "Life never is"



The law is the law. We abide by them. We can lobby for changes to said law if we believe they are incorrect, but we don't break them before they are changed.

The main reason why lawyers request W2 etc is to show you were in valid non-immigrant status, To prevent any RFEs/NOIDs

[tinamatthew]

OK agreed , when it's a law we should abide by them.But what are the other options available for B? He can't be covered under 245(K) so this option is ruled out.He needs to forget about GC? Will it be helpful if he contacts good lawyer any hope? Or just rely on luck?


If this is a real scenario, then if I was him/her I would only give the last 3 paystubs, W2s, tax returns. If the USCIS can't guess that I have no paystubs for 185 days then I will not hand it to them on a platter. I would however answer EVERY question TRUTHFULLY on all forms completed

[javadeveloper]

thanks tinamatthew for your time and answers,

yeah it's fair law for those who re enters into usa , but not for those who lived in US for many years and have few gaps in employment.Anyhow it's a real scenario and it's my case.I gave all W2s to my company and I am not sure whether they submitted all the W2s or not , I need to check with them.I am much worried about how to proceed if my company sends all w2s to CIS and if CIS sends me RFE/NOID.I am also in dilemma to whether to consult any lawyer or not (My company uses corporate lawyers and I can't contact them directly) , even if contact any good lawyer , I am not sure if i have any options left.There are many unanswerd questions :mad: .Thanks again.