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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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Old 11-19-2006, 07:28 PM
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Default Do we need paystubs to maintain legal status while on Adjustment Of Status?

Do we need paystubs to maintain legal status while on Adjustment Of Status?

All of us know that we need pay stubs to maintain status while on H1-B. Is this true when we are using EAD and on AOS?

Thanks in advance.
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Old 11-19-2006, 08:55 PM
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Originally Posted by ram_ram
Do we need paystubs to maintain legal status while on Adjustment Of Status?

All of us know that we need pay stubs to maintain status while on H1-B. Is this true when we are using EAD and on AOS?

Thanks in advance.
I am on AOS, and in spite of the contrary view expressed above, my advice is to keep all your pay stubs. In fact, if you quit your job, you may lose your GC; so it is assumed that you are employed while under AOS. In fact, they may even ask to see your pay stubs again, e.g., in an RFE for something else.

Last edited by qplearn; 11-19-2006 at 08:59 PM.
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Old 11-19-2006, 09:15 PM
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Originally Posted by nelsonagn
One should always keep thier paystubs.

However, one dose not need to be employed even one day before AOS approval, so having pay stubs proves nothing.

Right, It is AFTER AOS that one needs to be employed, at least for a short time (6-12 month rule of thumb, before quitting).

Absolutely false.
The question was regarding while the person is ON adjustment of status. So the answer in my opinion is YES. If one is not employed while applying for 485,but has an offer, one still has to show past employment history to be eligble in EB category. And for that paystubs are again needed. So the answer is YES regardless.

Last edited by qplearn; 11-19-2006 at 09:21 PM.
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Old 11-19-2006, 09:18 PM
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Originally Posted by nelsonagn
Right, It is AFTER AOS that one needs to be employed, at least for a short time (6-12 month rule of thumb, before quitting).
Rubbish. You can quit 6-12 months after getting your GC. After starting on AOS, you may NOT quit your job unless your GC is approved. You can however change your job under AC21 provided you meet certain conditions. Not sure where you are getting your info from, but at the very least, please read the question, orginally posed, properly.

Last edited by qplearn; 11-19-2006 at 09:24 PM.
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Old 11-19-2006, 09:26 PM
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Originally Posted by nelsonagn
Wrong. A person can be sponsored by company B. The day AOS is submitted, he is free to quit Company A, and NEVER WORK for either A, nor, B, nor anyone else until AOS is approved.

At that point Company B (in response to RFE) indicates that it still prepared to hire worker when AOS is approved.

Not true. No previous work experience is required for EB. If PERM/I-140 stipulated only a degree, why would work experience be necessary.

AOS is NOT a work status, thus no work need be performed to maintain that status.
Okay.
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Old 11-19-2006, 09:34 PM
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Originally Posted by nelsonagn
I guess you never heard of AC21.

And I guess you never heard of someone getting sponsored by someone other than their current employer.

oh well, I have answered the original question.
At least read what I said carefully, I say in the very next sentence that you can change your job if you use AC21. Also, I am not sure that the original question was about being sponsored by B when employed by A. Also you are confusing after AOS with after getting GC. Actually, I don't have GC yet, but I am already under AOS.
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Old 11-20-2006, 09:22 AM
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The applicant has to prove that the permanent job offer still is there for him/her waiting. It will be very difficult to prove this when she/he quits the job. So in spite of "possibilities", I would suggest sticking to the job for some more time.
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Old 11-20-2006, 01:36 PM
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Quote:
Originally Posted by nelsonagn
The applicant needs to maintain SPONSORSHIP (most firmly proven with valid I-140), not necessarily employment.

Remember, the Q asked if keeping pay stubs is proof of valid AOS. It quite simply isn't.

There are no situations wherer USCIS would, as a condition of granting GC, request paystubs from the worker. They would simply ask the employer to affirm their SPONSORSHIP of the individual.

Viable I-140 is the proof, working or not. Your sponsor can lay you off, as long as he still wants you after GC, and this does nothing to your AOS process.
You are right with all the technicalities but in practice I would advise keeping your pay stubs. This, I think, is similar to the question of either traveling on AP or maintaining H1 status with AOS pending. Just think, what happens if I-485 is denied?
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